About Us

PACV Company Profile

The Philippine Arbitration Center In the Visayas (PACV) is a non-stock, non-profit organization incorporated in 2015 out of the University of San Agustin College Of Law. It is the first school-based arbitration center in South East Asia and the First Arbitration Institution outside of Metro Manila. PACV promotes and encourages arbitration, mediation, and other modes of avoiding or settling disputes and provides alternative dispute resolution (ADR) services to the business and academic community, especially in the Visayas and the other Regions in the Philippines. It intends to build up ADR awareness starting with law students in hopes that these law students after passing the bar will have a strong facility to encourage and practice ADR.

 The PACV likewise acts as a laboratory for law students and practitioners to understand how an ADR institution works at the same time learning about ADR with emphasis on Arbitration from invited speakers by PACV both domestic and international.

PACV likewise envisions itself as the regional  ADR arm of the various Philippine ADR institutions such as the PDRC, the PICCR, and the CIAC.

PACV Mission and Objective

Helping bring awareness of Alternative Dispute Resolution to the Regions in the Philippines by inspiring other regions to create their own arbitration centers and create linkages with these regional arbitration centers.

PACV Vision

"Dispute Resolution for All"

Atty. Joenar Pueblo
President

Board of Trustees

Judge Cyril Regalado

Judge Vicente Go

Atty. Dominic Paul Oso

Atty. Roy Villa

Atty. Nellie Regalado

Dean Jose Mari Benjamin Francisco Tirol

Atty. Domingo Oso Jr.

Atty. Joenar Pueblo

PACV Roster of Accredited Neutrals and Fees


I. Roster of Accredited Neutrals

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Fellows: (Alphabetical Order)

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Accredited Arbitrators:

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Members: Regular membership of the PACV who after undergoing training may apply as an Accredited Arbitrator

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II. Schedule of Fees


PACV TABLE OF ARBITRATION & MEDIATION FEES

 

A.    For Monetary Claims

 

SCHEDULE OF FILING AND ADMINISTRATIVE FEES

 

SD = SUM IN DISPUTE  

FF =  FILING FEE  

AF = ADMINISTRATIVE FEE

 

SD Less than P100,000.00 

FF    P4,320.00   

AF   P10,200.00

 

SD P100,000.00 to P1.0M

FF P4,320.00 + 0.36% of excess over  P100,000

AF P10,200.00 + 0.24% of excess over P100,000

 

SD P1.0M to P10.0M

FF  P8,208.00 + 0.12% of excess over P1.0M

AF P13,800.00 + 0.12% of excess over P1.0M

 

SD P10.0M to P50.0M

FF P21,168.00 + 0.06% of excess of P10.0M

AF P32,200.00 + 0.06% of excess over P10.0M

 

SD More than P50.0M

FF P49,968.00 + 0.03% of excess of P50.0M

AF P73,000.00 + 0.03% of excess over P50.0M 1

 

>  See Rules for computing the Sum in Dispute.

  

B. ARBITRATOR’S FEES

 

The Honoraria of the arbitrators shall consist of a Base Amount plus Adjustments to reflect complexity of the case, number of disputants and number of arbitrators

 

SUM IN DISPUTE (SD) BASE AMOUNT  (BA) (for arbitrator’s fees)* ≤ P 1 Million 3% of SID but not < P17,000

 

SD Over 1M – 5.0M

BA P 34,000.00 + 1.00% in excess of P1.0M

 

SD Over P5M - P10.0M

BA P 102,000.00 + 0.75% in excess of 5.0M

 

SD Over P10M - P20.0M

BA P 165,750.00 + 0.50% in excess of P10.0M

 

SD Over P20M - P50.0M P BA 250,750.00 + 0.20% in excess of P20.0M

 

SD Over P50M - P100.0M P BA BA Ba 352,750.00 + 0.10% in excess of P50.0M

 

SD Over P100M - P500.0M P BA437,750.00 + 0.05% in excess of P100.0M***

 

 

RULES FOR COMPUTING THE SUM IN DISPUTE (SID)

 

1.   Where there are only two parties to arbitration or mediation:

 

1.1  total claims made by Claimant added to all the counterclaims made by Respondent that is not directly related to the claims (permissive counterclaims) shall constitute the sum in dispute (SID);

 

1.2 Compulsory counterclaims, or those directly related to the claims shall be treated only as defenses and not be       added to the claims to compute the SID;

 

2.   Where two Respondents are sued by Claimant and a cross-claim is made by Respondent 1 against Respondent

 

2.1 amount of a cross-claim that seeks only to pass on the liability of Respondent 1 to Respondent 2, shall not be     added to the computation of the SID;

 

2.2 amount sought by Respondent 1 against Respondent 2 that is based on a different cause of action, shall be               added to compute the SID;

 

2.3 amount sought by Respondent 2 against Respondent 1 that is not merely intended to defeat the cross-claim                   but seeks the award of amounts based on a different cause of action, shall be added to compute the SID.

 

3.  A party may request for a lowering of fees subject to reasonable grounds by filing a request to the Board.



III. Qualifications Standard of Neutrals


Accreditation and membership. 

PACV adopts the Accreditation Rules of PDRCI and provides the following status:

a. Fellow- 5 years as an accredited arbitrator, approval by the board 

b. Accredited Arbitrator- Member of good standing, accomplished accreditation course sanctioned by PACV

c. Member


The PACV shall maintain the following Rosters:

(i) PACV Fellow

(ii) PACV Accredited Arbitrators

(iii) PACV Members

 

The accreditation shall be for a period of five (5) years, unless sooner terminated by the Board of Directors for good reasons.

Within the year before the end of the period, PACV will commence the re-certification process by requesting the Arbitrator to submit the required documentation.

To maintain the accreditation, all arbitrators are required to pay Membership Dues as may be imposed by the Board.

 

a. The Applicant/nominee must have undergone an ADR Training course/seminar with any reputable ADR institution.

b. The Board of Directors, may waive the training requirement for an applicant/ nominee who has actual experience in international or domestic arbitration.

  

1. An application and/or nomination (with a Curriculum Vitae attached) to be an accredited/fellow arbitrator of PACV must be favorably endorsed by an officer or member of PACV to the PACV board. The nominee must indicate his consent to the nomination and willingness to be bound by the PACV Rules.

2. The PACV board shall review the application/ nomination and may approve the same if the applicant/nominee has all of the qualifications and effective upon payment of the required membership dues.

3. PACV Membership - PACV accepts members upon payment of membership fee in the amount of Php2,000.00 good for three (3) years.

Ethical Standards


Guidelines for Complaints against Arbitrators/Ethical Standards:

 

1.    The Philippine Arbitration Center In The Visayas  (“PACV”) adopts the IBA Rules of Ethics for International Arbitrators, which also includes the  2004 IBA Publications Arbitration Guidelines, the 2013 IBA Guidelines on Party  Representation in International Arbitration and the 2014 IBA Guidelines on Conflicts of Interest in International Arbitration, as its Code of Ethics which emphasizes that arbitrators should be impartial, independent, competent, diligent and discreet.  These rules seek to establish the manner in which these qualities may be practiced properly. These rules should be interpreted liberally so that they will attain their objectives and applied in good faith. The rules cannot be directly binding either on arbitrators, or on the parties themselves, unless they are adopted by agreement. Further, these guidelines are not intended to create grounds for the setting aside of awards by national courts. To this end, arbitrators sitting in PACV-handled arbitrations must adhere to such rules and guidelines during the entire duration of the arbitration proceedings.

 

2. Any party may submit a challenge as provided by the rules and if  dissatisfied with the conduct of an arbitrator may lodge a complaint in writing with the PACV board.

 

3. The PACV thru its  Secretariat shall acknowledge receipt of the complaint and forward to an appointed   committee, which shall be constituted by the Board. The Board may authorize the President to review, evaluate and/or make a decision on the complaint.

 

4.  The Committee/President  after reviewing the complaint, shall decide if it is necessary to seek the comments of the arbitrator concerned.

 

5. If the Committee/President decides to seek the arbitrator’s comments, the Secretariat shall notify the arbitrator of the complaint and request that the arbitrator submit a written comment within an unextendible seven (7) days from notice.


6.   The Committee/President shall decide whether the complaint is justified and whether appropriate sanctions should be imposed on the arbitrator including but not limited to the removal of the arbitrator from the PACV’s List of Arbitrators and/or forfeiture or withholding of arbitrators' fees, as applicable. All decisions made are final and, to the extent permitted by any applicable law, unappealable .


Recourse Mechanism


Any complaints regarding the status of a fellow or an accredited arbitrator of PACV may be course thru the Board of Trustee of the PACV by way of an affidavit complaint duly signed by the complainant.


The PACV thru its  Secretariat shall acknowledge receipt of the complaint and forward to an appointed committee, which shall be constituted by the Board. The Board may opt to authorize the President to review, evaluate and/or make a decision on the complaint.

 

The Committee/President  after reviewing the complaint, shall decide if it is necessary to seek the comments of the fellow or accredited arbitrator concerned.

 

If the Committee/President decides to seek the fellow or accredited arbitrator’s comments, the Secretariat shall notify the said fellow or accredited  arbitrator of the complaint and request that the arbitrator submit a written comment within an unextendible seven (7) days from notice.

 

The Committee/President shall decide whether the complaint is justified and whether appropriate sanctions should be imposed on the fellow or accredited arbitrator, including but not limited to the removal of the fellow or accredited arbitrator from the PACV’s List of Fellows Arbitrators and/or members. All decisions made are final and, to the extent permitted by any applicable law, unappealable .

 

Enforcement Mechanism


The PACV does not enforce awards issued by tribunals and sole arbitrators. Awards should be file at the regional trial court having  jurisdiction for purposes of recognition and enforcement. Arbitral awards are enforced by applying the execution proceedings implemented under the Revised Rules of Court of 2020.