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(NAR) VOL. 19 NO. 2 / APRIL - JUNE 2008
[ CIAC RESOLUTION NO. 05-2008, April 30, 2008 ]
ADOPTING POLICY GUIDELINES ON THE READMISSION AND REINSTATEMENT OF ARBITRATORS DROPPED FROM THE ROSTER OF CIAC ARBITRATORS
WHEREAS, pursuant to Executive Order No. 1008 (the Construction Industry Arbitration Law) the Construction Industry Arbitration Commission (CIAC) accredits arbitrators who may be nominated by the parties to a dispute and appointed by the Commission to resolve construction disputes filed with the CIAC for arbitration;
WHEREAS, an accredited arbitrator may, through voluntary resignation, expulsion or other reasons, be dropped from the CIAC roster of arbitrators;
WHEREAS, under the Guidelines Governing the Relationship between the CIAC and the Philippine Institute of Construction Arbitrators and Mediators Inc. (PICAM), an arbitrator who has been dropped from the roll of CIAC arbitrators may seek readmission/ reaccreditation and may be readmitted/reaccredited upon the recommendation of the PICAM and approval by the CIAC;
WHEREAS, in the 108th CIAC Regular Meeting held on 30 April 2008, PICAM presented its proposed guidelines for readmission/reinstaternent, to which the Commission posed no objections;
NOW, THEREFORE, THE COMMISSION, by virtue of the powers vested in it by law, RESOLVES as it DOES RESOLVE, to adopt the following Policy Guidelines on the Read-mission and Reinstatement of Arbitrators Dropped from the Roster of CIAC-Accredited Arbitrators:
A. DEFINITION OF TERMS
1. "Readmission" is the re-accreditation of an arbitrator who was dropped from the roster by the Commission due to voluntary resignation or serious infraction of CIAC rules and regulations.
2. "Reinstatement" is the re-activation of an arbitrator from an inactive status in the roster of the Commission provided, however, that the arbitrator is not inactive for more than one (1) year and it was due to health reasons, other professional commitments, travel and other analogous circumstances.
3. "Roster" is the list of arbitrators duly accredited by the Commission including those with inactive status.
B. REQUIREMENTS FOR RE-ADMISSION
a. The former Arbitrator shall re-take and complete the whole course for accreditation as an Arbitrator.
b. The former Arbitrator shall be licensed or authorized to practice his/her profession in the Philippines at the time of application for re-admission and certified by his/her professional organization as a member in good standing.
c. The former Arbitrator must not have been convicted of a crime involving moral turpitud or of any crime imposing a penalty of more than six (6) months of imprisonment.
d. The former Arbitrator is not involved in a case pending before the Commission as a party or counsel.
e. The former Arbitrator shaft apply for readmission only once. The application shall be filed within five (5) years from the date he/she was dropped from the roster".
C. REQUIREMENTS FOR REINSTATEMENT
a. The Arbitrator shall have attended all ACE Programs for the year he/she applied for reinstatement.
b. The Arbitrator shall have attended the general membership meeting for the year he/she has applied for re-instatement.
c. The Arbitrator is licensed or authorized to practice his/her profession in the Philippines at the time of his/her application for re-instatement.
d. The Arbitrator must not have been convicted of a crime involving moral turpitude or of any crime imposing a penalty of more than six (6) months of imprisonment.
UNANIMOUSLY APPROVED.
Adopted: 30 April 2008
WHEREAS, an accredited arbitrator may, through voluntary resignation, expulsion or other reasons, be dropped from the CIAC roster of arbitrators;
WHEREAS, under the Guidelines Governing the Relationship between the CIAC and the Philippine Institute of Construction Arbitrators and Mediators Inc. (PICAM), an arbitrator who has been dropped from the roll of CIAC arbitrators may seek readmission/ reaccreditation and may be readmitted/reaccredited upon the recommendation of the PICAM and approval by the CIAC;
WHEREAS, in the 108th CIAC Regular Meeting held on 30 April 2008, PICAM presented its proposed guidelines for readmission/reinstaternent, to which the Commission posed no objections;
NOW, THEREFORE, THE COMMISSION, by virtue of the powers vested in it by law, RESOLVES as it DOES RESOLVE, to adopt the following Policy Guidelines on the Read-mission and Reinstatement of Arbitrators Dropped from the Roster of CIAC-Accredited Arbitrators:
A. DEFINITION OF TERMS
1. "Readmission" is the re-accreditation of an arbitrator who was dropped from the roster by the Commission due to voluntary resignation or serious infraction of CIAC rules and regulations.
2. "Reinstatement" is the re-activation of an arbitrator from an inactive status in the roster of the Commission provided, however, that the arbitrator is not inactive for more than one (1) year and it was due to health reasons, other professional commitments, travel and other analogous circumstances.
3. "Roster" is the list of arbitrators duly accredited by the Commission including those with inactive status.
B. REQUIREMENTS FOR RE-ADMISSION
a. The former Arbitrator shall re-take and complete the whole course for accreditation as an Arbitrator.
b. The former Arbitrator shall be licensed or authorized to practice his/her profession in the Philippines at the time of application for re-admission and certified by his/her professional organization as a member in good standing.
c. The former Arbitrator must not have been convicted of a crime involving moral turpitud or of any crime imposing a penalty of more than six (6) months of imprisonment.
d. The former Arbitrator is not involved in a case pending before the Commission as a party or counsel.
e. The former Arbitrator shaft apply for readmission only once. The application shall be filed within five (5) years from the date he/she was dropped from the roster".
C. REQUIREMENTS FOR REINSTATEMENT
a. The Arbitrator shall have attended all ACE Programs for the year he/she applied for reinstatement.
b. The Arbitrator shall have attended the general membership meeting for the year he/she has applied for re-instatement.
c. The Arbitrator is licensed or authorized to practice his/her profession in the Philippines at the time of his/her application for re-instatement.
d. The Arbitrator must not have been convicted of a crime involving moral turpitude or of any crime imposing a penalty of more than six (6) months of imprisonment.
UNANIMOUSLY APPROVED.
Adopted: 30 April 2008
THE COMMISSION | |
(SGD.) JOSEU N. BELLOSILLO | |
Chairman | |
(SGD.) ISAAC S. DAVID | (SGD.) SAMSON C. LAZO |
Member | Member |