Dispute Resolution

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Dispute Resolution

Post by Abecedarian on Tue Nov 06, 2012 12:17 pm

Good morning...
21.2 of the General Conditions of the Contract provides that If the Contractor believes that a decision taken by the PROCURING ENTITY’s Representative was either outside the authority given to the PROCURING ENTITY’s Representative by this Contract or that the decision was wrongly taken, the decision shall be referred to the Arbiter indicated in the SCC within fourteen (14) days of the notification of the PROCURING ENTITY’s Representative’s decision.

May we know the arbiter referred therein.

Anybody please...
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Re: Dispute Resolution

Post by regina avelino on Tue Nov 06, 2012 2:17 pm

section 59.2 - Construction Industry Arbitration Commission for infrastructure projects but for goods and services, i think it would be alternative mode of dispute resolution agreed in writing between the parties.

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Re: Dispute Resolution

Post by Abecedarian on Wed Nov 07, 2012 8:35 am

But, the special conditions of the contract, referring to Clause 21.2 of General Conditions of the Contract (infrastructure), is asking for a name. Is it not possible if we will just ask any member of PICE to act as arbiter in case of dispute?


Last edited by Abecedarian on Wed Nov 07, 2012 10:28 am; edited 1 time in total
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Re: Dispute Resolution

Post by elib on Wed Nov 07, 2012 10:24 am

hi Abecedarian,

yes , you are correct, that at first glance, it can be construed to be a person rather than an agency. but we should not interpret it like that. let me post an extract for the pbd_infra_4thed:

under definitions:
1.1. The Arbiter is the person appointed jointly by the Procuring Entity and the Contractor to resolve disputes in the first instance, as provided for in GCC Clause 21.

from this, the commission (which is CIAC) is the first office we will first get in touch with to facilitate the dispute resolution, and from its proceedings the pe and contractor will jointly elect the arbiter (the person/persons) that will judge and decide the disputed issue.

hope this helps....



cheers......
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Re: Dispute Resolution

Post by Abecedarian on Wed Nov 07, 2012 10:32 am

So, at the moment we will identify in the special conditions of the contract the CIAC as the arbiter and later on, should there be a dispute, the PE and the Contractor will select from CIAC the arbiter?
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Re: Dispute Resolution

Post by elib on Wed Nov 07, 2012 10:43 am

hi Abecedarian,

yes, i am of the opinion that the arbiter in the Clause 21.2 of General Conditions of the Contract youre referring to is the commision (CIAC).

for additional info CIAC have a pool of accredited arbiters from which the pe and contractor can elect.

kindly see the link for your reference from the PCA website.

http://pcametro.ph/wp-content/uploads/2012/04/ciac_-arbitrators1.pdf


cheers.....
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Re: Dispute Resolution

Post by Abecedarian on Wed Nov 07, 2012 11:29 am

Thank you very much.
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Re: Dispute Resolution

Post by Abecedarian on Wed Nov 07, 2012 2:35 pm

Regardless of the ABC, we should have CIAC as the arbiter in case of dispute in contract implementation?
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