Practice question
No arbitrator is named. After the proper notice and required response interval, the unwilling party refuses all selection activity. The willing party claims an unrestricted right to appoint any friend privately, while the other claims arbitration is impossible forever. Which is best?
- Any private selection by one party automatically satisfies every condition.
- Follow the rule’s RCMB-supervised selection mechanism rather than either absolute position.
- Refusal necessarily extinguishes all agreed arbitration machinery.
- A named CBA arbitrator must be invented retrospectively.
- Only the unwilling party may choose the result.
Legal references
- DOLE Department Order 255-2025, Rule III Sections 2-3, reproduced issued text: https://www.scribd.com/document/1056241538/DO-255-25-Revised-Procedural-Guidelines-in-the-Conduct-of-Voluntary-Arbitration-Proceedings
- NCMB official explanation of updated voluntary-arbitration rules, August 2025: https://ncmb.gov.ph/ncmb-dole-unveil-updated-rules-to-streamline-voluntary-arbitration-procedure/
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