PHILIPPINES Trends and Developments Contributed by: Ricardo Ma P G Ongkiko, John Christian Joy A Regalado and Ma Patricia B Paz-Jacoba, SyCip Salazar Hernandez & Gatmaitan
Fleet Marine is crucial because it instructs that while the Construction Industry Arbitration Law allows a party to refer a dispute to the CIAC for arbitration not - withstanding the parties’ express agreement to refer their dispute to arbitration under the rules of a par - ticular arbitral institution, such party must determine whether the underlying contract involves a construc - tion project in the Philippines that is certain to com - mence. If it does, then a party may refer the dispute to the CIAC for arbitration even if the dispute involves preparatory works and not the main construction activities. If it does not, then such party must refer the dispute to the arbitral institution set out in the parties’ arbitration agreement.
Issues relating the jurisdiction of the CIAC vis-à-vis the express agreement of the parties to arbitrate under the rules of a particular arbitral institution will persist until amendments to the Philippine construction arbi - tration laws are made. These amendments are crucial to aligning such laws with fundamental principles of international arbitration, which is essential for trans - forming the Philippines into a more attractive arbitra - tion seat in Southeast Asia.
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