Cost of voluntary arbitration and voluntary arbitrator’s fee.

 Under 262-B of the Labor Code, as amended, the parties to a collective bargaining agreement shall provide therein a proportionate sharing scheme on the cost of  voluntary arbitration including the voluntary arbitrator’s fee. The fixing of fee of voluntary arbitrator or panel of voluntary arbitrators, whether shouldered wholly by the parties or subsidized by the Special Voluntary Arbitration Fund, shall take into account the following factors:

(a)   Nature of the case;

(b)   Time consumed in hearing the case;

(c)   Professional standing of the voluntary arbitrator;

(d)   Capacity to pay of the parties; and

(e)   Fees provided for in the Revised Rules of Court.

Unless the parties agree otherwise, the cost of voluntary arbitration proceedings and voluntary arbitrator’s fee shall be shared equally by the parties

Parties are encouraged to set aside funds to answer for the cost of voluntary arbitration proceedings including voluntary arbitrator’s fee. In the event the said funds are not sufficient to cover such expenses, an amount by way of subsidy taken out of the Special Voluntary Arbitration Fund may be availed of by either or both parties subject to the guidelines on voluntary arbitration to be issued by the Secretary.

TVAAC Resolution No. 1, Series of 2016 Amending the Guidelines on the Amount of Subsidy for Voluntary Arbitration Cases.

 

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