Speech the Quintessential Arbitrator (Be the Best You Can Ever Be!); (Keynote Speaker at the Opening of the Construction Arbitration Accreditation Course Organized by CIAC in Collaboration with the Philippine Institute of Construction Arbitrators and Mediators, Inc. (PICAM) Held at Marco Polo Hotel, Davao City, 14 April 2008.)

Manila Bulletin, April 22, 2008 | Go to article overview

Speech the Quintessential Arbitrator (Be the Best You Can Ever Be!); (Keynote Speaker at the Opening of the Construction Arbitration Accreditation Course Organized by CIAC in Collaboration with the Philippine Institute of Construction Arbitrators and Mediators, Inc. (PICAM) Held at Marco Polo Hotel, Davao City, 14 April 2008.)


Byline: SENIOR JUSTICE JOSUE N. BELLOSILLO (Ret.)

A PLEASANT and scintillating morning to all of you.

I bring you also the greetings of my colleagues in the Construction Industry Arbitration Commission - Commissioner Isaac S. David and Commissioner Samson C. Laso.

I am happy to open today this 6th Construction Arbitrators Accreditation Course. The organizers of this program could not have chosen a more wholesome and conducive venue in Mindanao than this alluring, inspiring, intriguing City of Davao. Davao, as we know, is the home of the regal and predatory Philippine eagle, and the rare, exotic and mythical waling-waling; and where nature's beauty blends with ethnic and cultural diversity. With these pleasant surroundings and friendly atmosphere, I am sure this training course will be productive and useful to the would-be accredited arbitrators of the Construction Industry Arbitration Commission.

I understand this idea of having this arbitration course in Davao City for the people of Mindanao started some three years ago when a public forum was conducted on the ADR Law and Its Impact on the Construction Industry by CIAC and CECOPHIL then headed by Engr. Salvador P. Castro Jr. In that forum, the Mindanao stakeholders strongly recommended that CIAC or its arbitral tribunals hear cases here so that construction disputes in Mindanao could be referred to CIAC, instead of the regular courts. The reason given was that it would be more convenient and much less expensive for the parties. In fact, it was DTI Regional Director Merly Cruz, now DTI Undersecretary, who challenged CIAC to train arbitrators and mediators here so that more people from Mindanao could easily avail of the arbitral process and help declog the dockets of the courts.

Human conflicts are as old as humanity itself. Out forebears, as early as dawn of history, already engaged in internecine struggle for domination, in all its ugly details. Thus, Cain slew his brother Abel because he could not accept it in his heart of hearts that his younger brother was more favored in the eyes of God; envy or jealousy, in other words, caused the fatal sibling dispute.

Also, the Jews were perennially locked in a war of attrition with their main rival, the Philistines, who were out to establish a hegemony in the region. And man, by his very nature, instinctively assumes a belligerent attitude towards anyone, or anything for that matter, that threatens his person, his family or his clan. As time unravels, this problem becomes more and more complicated that man, in his finite wisdom, thinks it best to fashion out more ingenious ways to resolve it.

Even the construction of the key first skyscraper, the Tower of Babel, envisioned by the multitude to reach the high heavens, was never completed due to irreconcilable differences among the contractor, the developer, the workers and many other personalities involved in the construction. And there was no CIAC and no arbitrators to hear their gripes. There was no PICAM member then, otherwise their dispute could have been resolved with equity and dispatch, with cheaper arbitrators' fees, if you must, and the Tower of Babel perhaps could now be caressing the skies, who knows!

Indeed, construction disputes are inextricably intertwined with human frailty. And, as civilization advances, man has come up with clever ways to settle more complex disputes, among which is arbitration, the new-found mechanism of bringing parties together to solve their disputes in a peaceful, cordial and orderly manner.

Construction arbitration is a complex process. It requires the application of highly technical expertise and practical experience. Certain details of construction, such as violation of specifications for materials and workmanship, violation of the terms of agreement, interpretation and/or application of contractual provisions, amount of damages and penalties, commencement time and delays, maintenance and defects, payment default of employer or contractor, and changes in contract cost can come to the fore to be sifted and ironed out during the process. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

Speech the Quintessential Arbitrator (Be the Best You Can Ever Be!); (Keynote Speaker at the Opening of the Construction Arbitration Accreditation Course Organized by CIAC in Collaboration with the Philippine Institute of Construction Arbitrators and Mediators, Inc. (PICAM) Held at Marco Polo Hotel, Davao City, 14 April 2008.)
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.