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(NAR) VOL. 20 NO.2 / APRIL - JUNE 2009

[ CIAC RESOLUTION NO. 05-2009, May 19, 2009 ]

APPROVING ADDITIONAL RANGES AND BASE AMOUNTS FOR ARBITRATORS’ FEES



WHEREAS, the CIAC Table of Fees provides, among others, for the following Sum in Dispute (SID) ranges and base amounts for determining Arbitrators’ Fees:

SUM IN DISPUTE (SID) BASE AMOUNT (for arbitrator’s fees)
< P 1 Million 2% of SID
over 1M - 5.0 M P20,000.00 +1.00% in excess of 1.0M
over 5M - 10.0M 60,000.00 + 0.75% in excess of 5.0M
over 10M - 20.0M 97,500.00 + 0.50% in excess of 10.0M
over 20M - 50.0M 147,500.00 + 0.20% in excess of 20.0M
over 50M - 100.0M 207,500.00 + 0.10% in excess of 50.0M
over 100M 257,500.00 + 0.05% in excess of 100.0M

WHEREAS, in the 99th CIAC Regular Meeting held on 26 July 2007, the Commission discussed the revisions to the CIAC Table of Fees proposed by the Philippine Institute of Construction Arbitrators and Mediators, Inc. (PICAM) providing for, among others, additional base amounts for the following ranges of the Sum in Dispute (SID);

Over 100M - 1 Billion 257,500.00 + 0.05% in excess of 100.0M
above 1 Billion 707,500.00 + 0.025% in excess of 1 Billion

WHEREAS, the Commission deferred action on the said proposal and referred the same back to the PICAM Committee on Fees for a breakdown of the proposed SID range of over 100M - 1 Billion to provide for SID ranges of over P100M-500M, and over P500M - 1 Billion;

WHEREAS, in compliance with the above directive, the following additions to the base amounts for arbitrators’ fees proposed by the PICAM Committee on Fees were presented to the Commission during its 108th Regular Meeting held on 30 April 2008:

SUM IN DISPUTE (SID) BASE AMOUNT (for arbitrators’ fees)
Over 100M - 500.0M 257,500.00 + 0.05% in excess of 100.0M
Over 500M - 1 Billion 457,500.00 + 0.035% in excess of 500M
Above 1 Billion 632,500.00 + 0.025% in excess of 1 Billion;

WHEREAS, in its subsequent meetings, the Commission found that due to the declining incremental percentages proposed, the above additional base amounts for arbitrators’ fees would not entail any increase in arbitrators’ fees and thus, would not require prior clearance from the National Economic Development Authority (NEDA), pursuant to NEDA Circular No. 01-2007 for new fees and/or increases in government fees/charges;

WHEREAS, during its 120th Regular Meeting held on 19 May 2009, the Commission, noting that the other PICAM proposals regarding arbitrators’ fees which were referred back to PICAM for further study would have no further effect or implications on the above-mentioned additional SID ranges and base amounts, posed no objections to their immediate adoption and incorporation in the CIAC Table of Fees;

NOW, THEREFORE, WE THE UNDERSIGNED COMMISSIONERS, by virtue of the powers vested in us by law, RESOLVE, AS IT IS THUS RESOLVED, to approve the following additional SID ranges and corresponding base amounts for Arbitrators’ Fees for incorporation in the CIAC Table of Fees and immediate implementation upon effectivity of this Resolution:

SUM IN DISPUTE (SID) BASE AMOUNT (for arbitrators’ fees)
Over 100M - 500.0M 257,500.00 + 0.05% in excess of 100.0M
Over 500M - 1 Billion 457,500.00 + 0.035% in excess of 500M
Above 1 Billion 632,500.00 + 0.025% in excess of 1 Billion.

UNANIMOUSLY APPROVED.

Adopted: 19 May 2009

THE COMMISSION:

(SGD.) ISAAC S. DAVID
Acting Chairman

(SGD.) SAMSON C. LAZO
Member

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