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Arbitration Place Toronto

Bay Adelaide Centre West

333 Bay Street, Suite 900

Toronto ON M5H 2R2

T: +1 416.848.0203

F: +1 416.850.5316

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Arbitration Place Ottawa 

World Exchange Plaza 

100 Queen Street, Suite 940

Ottawa ON K1P 1J9

T: +1 613.288.0228

F: +1 613.564.7756

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Copyright 2018 - A.S.A.P. Reporting Services Inc.

Resources

Arbitration Place serves as the hub of the Canadian arbitration community. Together with our partner chambers and arbitral institutions, we frequently host educational and networking programs on domestic and international topics of interest. 

Please check our News & Events page frequently for information about upcoming sessions at Arbitration Place. Below, we have also compiled a short list of frequently asked questions, together with sample arbitration clauses from our partner institutions.

As an additional service, Arbitration Place has also developed its own set of Appeal Rules, which can be adopted by parties and counsel looking for a flexible and efficient arbitral review process.

 

Model Arbitration Clauses

Please click on one our partner institutions listed below to view the most up-to-date version of their respective procedural rules and model arbitration clauses (opens in a new window). 

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Arbitration Place Appeal and Review Rules

Arbitration can be a swift, efficient and more practical method for resolving disputes than going to court. There may be times, however, where parties need to review or appeal an arbitral award. Canadian legislation provides courts with narrow jurisdiction to review arbitral awards, and the process of getting one’s day in court may be prohibitively lengthy. Further, many arbitrations are done on an ad hoc basis, and without institutional rules to help guide parties through an appeal or review process, parties may not have recourse when faced with a bad award.

The Arbitration Place Arbitration Appeal and Review Rules are designed to give parties the ability to foresee, craft, and implement the appeal and review process that is right for them.

When drafting an arbitration agreement, parties may consider including wording such as the Model Appeal and Review Clause below:

The parties agree that any appeal from or review of an award made in an arbitration related to this Agreement shall be in accordance with the Arbitration Place Arbitration Appeal and Review Rules (as it exists on the effective date of this Agreement).

The Arbitration Appeal and Review Rules are a set of 26 clear, concise rules that govern the appeal or review process from start to finish, and provide parties with the autonomy and flexibility they need.

 

Fundholding Policy

The following procedures and conditions shall apply when Arbitration Place is requested to act as fundholder (that is, to hold and disburse advances in relation to arbitration costs):

1. The following information must be submitted to accounts@arbitrationplace.com:

a. The full names and contact information (including mailing address, e-mail address, telephone and facsimile numbers) of all parties and their counsel (if applicable);

 

b. The full names and contact information of the Tribunal, including who appointed them, along with their agreed fee rates from the Terms of Appointment;

 

c. The seat of the arbitration; and

d. A copy of the executed Terms of Appointment.

2. A file-specific reference number will be issued and deposit instructions will be provided.

 

3. The parties’ funds are held with Ontario-based banks. Arbitration Place will not accept any responsibility or liability for any loss incurred by the parties as a consequence of the failure of any bank with which the parties’ funds have been deposited.

 

4. Once a deposit has been identified and allocated, Arbitration Place will issue an acknowledgement of receipt to the parties and to the Tribunal.

 

5. Requests by the Tribunal for a payment by Arbitration Place on account of its fees shall include receipts for any expenses incurred and amounts paid out shall be in accordance with the rates set out in the Terms of Appointment. Any requests received in a three-member Tribunal must be approved by the Chair.

 

6. A copy of a request by the Tribunal for payment shall be provided to the parties for their review before payment is made.

7. If the funds deposited by the parties exceed the costs of the arbitration, surplus funds will be returned to the parties, in the proportions in which they were deposited, unless otherwise specified by the Tribunal or agreed between the parties.

8. Surplus funds will only be returned to the bank accounts of the stated beneficiaries or their appointed legal representative.

9. Arbitration Place will charge the parties for time spent administering the funds deposited by the parties at an hourly rate of $150 CAD plus applicable taxes.

 

10. Arbitration Place will render an invoice for its administration charges at the conclusion of the arbitration.