Regl. 7998, art. 16.4
shall continue until concluded
Length: 401 wordsOfficial source
Cite as Reglamento Núm. 7998, Art. 16.4
If additional Disputes are submitted after the arbitration proceedings are
concluded and final award has been entered, then the amounts of the original Claims that were arbitrated and
concluded shall not count towards the threshold stated in Article 16.4.1.
16.4.2. Procedure For Binding Arbitration.
16.4.2.1. Contractor shall submit to the Owner, together with the notice of demand for arbitration of a Dispute,
a list of no less than five (5) proposed arbitrators, together with their respective curriculum vitae and a
disclosure statement from each as to possible conflicts of interest.
16.4.2.2. Within five (5) working days of receipt of the notice of demand for arbitration, Owner shall either: (i)
select one (1) arbitrator from the Contractor's list, or (ii) if all arbitrators proposed by Contractor are
unacceptable to Owner, submit to Contractor a list of no less than five (5) proposed arbitrators, together with
their respective curriculum vitae and a disclosure statement from each as to possible conflicts of interest.
16.4.2.3. Within five (5) working days of receipt of the Owner's list, contractor shall either: (i) select one (1)
arbitrator from such list or (ii) reject all arbitrators from the Owner's list. If within the following ten
(10) days the parties cannot agree as to an arbitrator or a panel of arbitrators, then each party within the
following five (5) days will unilaterally appoint and notify to the other one arbitrator, and the two (2) arbitrators
so appointed shall within ten (10) days after the appointment of both arbitrators select a third arbitrator and
notify the Owner and the Contractor of said selection, and the three (3) arbitrators shall constitute the panel of
arbitrators that shall decide the Dispute. The arbitrators so appointed or selected need not be on the original
lists of arbitrators. Within ten (10) days of the selection of the third arbitrator, each arbitrator shall notify
Owner and Contractor their respective curriculum vitae and statement as to possible bias or conflict of interest.
16.4.2.4. The arbitration proceedings shall be conducted under the provisions of the Puerto Rico Arbitration
Act, Act No. 376 of May 8, 1951, as amended.
16.4.3. Award
16.4.3.1. The award entered need not include written determinations of fact and conclusions of law and the
award shall be final and not be reviewable or appealable due to errors of fact or of law. Nevertheless, the
arbitrators will endeavor to ascertain the facts and follow the law.