Expedited Arbitration Procedure

EXPEDITED ARBITRATION PROCEDURE

These Expedited Arbitration Rules come directly from the Commercial Arbitration Act.  Arbitrations under these Rules and meant to be speedy and relatively inexpensive. The Expedited Rules are normally used where the important facts are not seriously in dispute, or where factual disputes are limited to, say, one or two key questions, and where complex legal argument is not required. Often the parties appear personally at Expedited Arbitrations without lawyers, although there is nothing preventing parties in Expedited Arbitrations from being represented by legal counsel.

In all Private Arbitrations I prepare a standard form Arbitration Agreement specifying the Rules chosen by the parties . Please contact me for more information.

Representation

1 The parties may be represented or assisted by any person during an arbitration.

2 Where a party intends to be represented or assisted by a lawyer, the party shall, in writing, advise the other party of the lawyer’s name and the capacity in which the lawyer is acting at least five days before any scheduled meeting or hearing.

Appointment of Arbitrator

3 The parties shall appoint a sole arbitrator within five days of the commencement of the expedited arbitration procedure.

Time and Place of Arbitration

4 Unless otherwise agreed, the arbitration shall be held at a place determined by the arbitrator.

5 A hearing shall be commenced within fifteen days of the appointment of the arbitrator.

Conduct of Expedited Arbitration Process

6 Subject to the rules in this Schedule, the arbitrator may conduct the arbitration in the manner the arbitrator considers appropriate, but each party shall be treated fairly and shall be given full opportunity to present the party’s case.

Exchange of Documents

7 Within five days of the appointment of the arbitrator, the claimant shall send a written statement to the respondent and the arbitrator outlining the facts supporting the claimant’s claim, the points at issue and the relief or remedy sought.

8 Within five days after the respondent receives the claimant’s statement, the respondent shall send a written statement to the claimant and the arbitrator outlining the respondent’s defence, the particulars requested in the statement of claim and a written statement of the respondent’s counterclaim, if any.

9 The claimant, when responding to a counterclaim, shall send a written statement to the respondent and the arbitrator outlining the claimant’s defence to the counterclaim within five days after the claimant receives the counterclaim.

10 Each party shall submit with the party’s statement a list of the documents upon which the party intends to rely and the list of documents shall describe each document by specifying its document type, date, author, recipient and subject-matter.

Production of Documents

11 The arbitrator may, on the application of a party or on the arbitrator’s own motion, order a party to produce any documents the arbitrator considers relevant to the arbitration within a time the arbitrator specifies and, where such an order is made, the other party may inspect those documents and make copies of them.

12 Each party shall make available to the other for inspection and the making of copies, any documents upon which the former party intends to rely.

Confidentiality

13 All oral hearings and meetings shall be held in private and all written documents shall be kept confidential by the arbitrator and the parties and shall not be disclosed to any other person, except with the consent of all parties.

Evidence

14 Each party shall provide the facts relied upon to support the party’s claim or defence.

15 The arbitrator is the judge of relevancy and materiality of the evidence offered and is not required to apply the legal rules of evidence.

Examination of Parties

16 In an oral hearing, an arbitrator may order a party, or a person claiming through a party, to submit to being examined by the arbitrator under oath and to submit all documents that the arbitrator requires.

Decision of the Arbitrator

17 The sole arbitrator shall render a decision within ten days after completion of the arbitration.

Time for Completion of Arbitration

18 The arbitration shall be completed within thirty days of the appointment of the arbitrator.

 

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