Please answer completely the following thirty (30) questions in relation to the subject

matter “construction disputes”:

1. What are the cases falling under the original and exclusive jurisdiction of the
CIAC? –
2. What will make a dispute to be considered a construction dispute under the
jurisdiction of the CIAC? -
3. Can the parties in a construction dispute resort to mediation instead of
arbitration?
4. Are all construction disputes in the Philippines required to be heard before the
CIAC?
5. Can disputes between the project engineers and the project owner be heard
before CIAC?
6. A complaint was filed before the CIAC. The respondent actively participated in
the nomination of the members of the arbitral body. It turned out that the
dispute was not a construction dispute. Can he subsequently file a motion to
dismiss questioning the jurisdiction of the CIAC?
7. What are the conditions before filing a claim against the government before the
CIAC? –
8. Shall the CIAC dismiss outright the claim against the government for failure to
comply with the pre-conditions before filing a claim against the government?
Explain. –
9. When is the arbitral proceedings deemed commenced? -
10. May CIAC have jurisdiction over future controversies between the same parties in
a construction dispute?
11. Is it required that an arbitration agreement or a submission to arbitration be in
writing and signed by the parties?
12. How will the CIAC proceed in a construction dispute over it has jurisdiction but
the respondent refuses to arbitrate?
13. Explain the principle of party autonomy in arbitral proceedings?
14. What are the instances when the arbitration cannot proceed?
15. Can a sole arbitrator be appointed regardless of the amount in dispute?
16. What are the conditions before a foreign arbitrator can be appointed?
17. A construction dispute between parties was the subject of mediation before Mr.
“X”. Can Mr. “X” still act as arbitrator if the same dispute is brought to
arbitration?
18. What are the interim reliefs that can be issued by the CIAC Arbitral Tribunal?
19. What is the remedy of a party for the enforcement of the interim measure
ordered by the Arbitral Tribunal?
20. Are the parties precluded from entering into a compromise agreement while the
case is already being heard by the Arbitral Tribunal?
21. When does the jurisdiction of the Arbitral Tribunal over the dispute terminate?
22. What is the remedy of an aggrieved party from an arbitral award rendered by the
CIAC?
23. Can a party file a motion for reconsideration or a motion for net trial from the
award of the Arbitral Tribunal?
24. Reconcile the post-award remedies provided under Section 19 of E.O 1008
(Construction Industry Arbitration Law) and Section 18.2 of the Rules.

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25. How can you stay the execution of an arbitral award considering that the arbitral
award is considered final and inappealable?
26. What happens if the arbitral award is reversed on appeal?
27. Does the Arbitral Tribunal possess executory powers? Explain.
28. When is a claim of a party in a construction dispute considered a “small claim”
and will it be subject to the same rules as other claims not considered a “small
claim”?
29. What are the rules for construction disputes where the claim is below
P100,000.00?
30. Explain the principle of “freedom to settle” in construction disputes?