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SECTION 1
Use of ADR mechanisms
SECTION 1.
Use of ADR mechanisms.
All contracts involving Public-Private Partnership (PPP) projects and/or those entered into under RA No. 6957 entitled, —The Act Authorizing the Financing, Construction, Operation and Maintenance of Infrastructure Projects by the Private Sector, and for Other Purposes,— as amended by RA No. 7718, otherwise known as the —Build-Operate and Transfer (BOT) Law,— as well as Joint Venture Agreements (JVAs) between government and private entities issued by the National Economic and Development Authority (NEDA) pursuant to Executive Order (EO) No. 423 (s. 2005), shall include provisions on the use of ADR mechanisms, at the option and upon agreement of the parties to said contracts..
All parties who enter into similar contracts with Local Government Units (LGUs) are encouraged to stipulate on the use of ADR mechanisms, in accordance with their own JV rules, guidelines or procedures.
When parties to the abovementioned contracts agree to submit the case for ADR, the use of either domestic or international ADR mechanisms shall be highly encouraged, giving the parties complete freedom to choose which venue and forum shall govern their dispute, as well as the rules or procedures to be followed in resolving the same.
SECTION 2
Implementing Agency
SECTION 2.
Implementing Agency.
NEDA, in consultation with the appropriate agencies of the government, is hereby directed to issue the Implementing Rules and Regulations (IRR) to implement this EO, which shall be binding on all government agencies and shall guide LGUs that shall enter into PPP or BOT contracts and JVAs.
SECTION 3
Information Campaign
SECTION 3.
Information Campaign.
The Department of Justice (DOJ) through the Office of the Alternative Dispute Resolution (OADR), NEDA through the PPP Center, and the government media instrumentalities shall conduct a massive information campaign on this policy directive and the different ADR mechanisms to all national and local government agencies/entities, the private sector and the general public.
The initial funding requirements for the information campaign shall be shared by and charged against the current appropriations of the PPP Center, NEDA, OADR, and other concerned agencies. Funding for the succeeding years shall be incorporated in their respective regular appropriations thereafter.
SECTION 4
Repealing Clause
SECTION 4.
Repealing Clause.
All issuances, orders, rules, and regulations or parts thereof which are inconsistent with the provisions of this EO are hereby revoked and/or modified accordingly.
SECTION 5
Separability Clause
SECTION 5.
Separability Clause.
If any provision of this EO is declared invalid or unconstitutional, the other provisions unaffected shall remain valid and subsisting.
SECTION 6
Effectivity Clause
SECTION 6.
Effectivity Clause.
This EO shall take effect immediately upon its publication in a newspaper of general circulation.
DONE, in the City of Manila, this 4th day of July, in the year of our Lord, Two Thousand and Twelve.
(Sgd.)
BENIGNO S. AQUINO III
By the President:
(Sgd.)
PAQUITO N. OCHOA, JR.
Executive Secretary