PACV ARBITRATION ADOPTED RULES OF PROCEDURE



1.    The Philippine Arbitration Center in the Visayas (PACV) adopts  its 2021 Arbitration and  Mediation Rules of Procedure. (see link)

2.    SMALL CLAIMS.

a.    Cases where the claim is Php 2 million or less shall be categorized as a small claim thereby entitled to special procedures of disposition and reduced fees. A claim under this category shall be handled by a sole arbitrator whose fees shall be at a fix rate of 3% of the claim but not less than Php 10,000 or as maybe prescribe by PACV.All other prescribed fees as provided herein shall be reduced to 50%.

 

b.    The sole Arbitrator shall be agreed by the parties as provided by its contracted or from the list of accredited arbitrators, in the event of disagreement, The sole arbitrator shall be appointed by the President of the PACV or in case of his absence, incapacity or conflict of interest, by the Vice President, Secretary, Treasurer as may be provided. The claim shall be resolved within three (3)months from the appointment of the sole arbitrator.

  

c.     Small Claim Model clause

 


As approved by the Board of Trustees of the Phil. Arbitration Center in the Visayas, the 2020 PACV Virtual Hearing Guidelines is hereto adopted as follows:

 

1.    In line with the intent of the PACV to be in the forefront of advancing dispute resolution procedures and advocating the use of technology in ADR here in the Philippines, the Board of Trustees of PACV. hereby approves the holding of ALL PACV Arbitration Hearings virtually unless parties will consent to a face to face hearing subject to Phil. government guidelines on the matter.

2.    In view thereof PACV recommends that in the drafting of contracts the arbitration clause shall provide the use of virtual hearings and the  adoption of the 2020 PACV Virtual Hearing Guidelines.

3.    Absent any provision thereof, parties with contracts that provides for an arbitration clause, may during the signing of the Terms of Reference agree to virtual hearings and adopt the 2020 PACV Virtual Hearing Guidelines.

4.    In any contract without an arbitration clause but where parties wishes to adopt Arbitration as their mode of dispute resolution, parties may enter into a submission agreement adopting virtual hearings and herein guidelines.

 

The 2020 PACV Virtual Hearing Guidelines

 

1. Preparation for the Virtual Hearings

1.1. The platform to be used for the virtual hearings is Zoom using the account of the PACV.

 

1.2. The Parties are directed to familiarize themselves with the platform and to advise the Tribunal beforehand if they have any concerns or if they anticipate any issues in using the platform.

 

1.3. The attendees to the virtual hearings shall be limited to the following:

a.    Arbitral Tribunal

b.    PACV Secretariat Representative

c.    Parties' representatives

d.    Parties' counsels

e.    Parties' witnesses

1.4. The PACV Secretariat will coordinate with the Parties and require the Parties to provide information to confirm their logistical, technological and security capabilities, availability of secure and suitable rooms for the participants/witnesses and other participants. Depending on the Agreement of Parties the requirements are as follow:

 

a.    Logistical Requirements

●   Enclosed room with only one entrance and exit

●   Minimal ambient noise

●   Desk and chair for the participant

●   Separate desk for desktop or laptop with camera

 

b.    Technical Requirements

●   Laptop with system compatible with Zoom, with suitable camera and microphone

●   Zoom application installed in the laptop

●   Headset / headphones preferably bluetooth capable

●   Stable internet connection with adequate speed

 

c.    Security Requirements

●   Room is in a private place located inside the residence or office of the participant or wherever the participant is taking the call

●   Set up and acoustics of room allows for privacy of communication

●   Personal or home internet connection

 

d.    Room Layout Requirement for Witnesses

●   Room layout below is intended to ensure (a) that communications during the hearing will be kept private and confidential; and (b) that witnesses will not be coached throughout the hearing.