The Arbitration Contract serves as a crucial legal instrument for parties seeking to resolve disputes outside traditional court systems within the Canadian legal framework. This document is typically used when parties wish to establish a private, efficient, and binding dispute resolution mechanism, either as a standalone agreement or as a clause within a broader commercial contract. The agreement incorporates provisions compliant with both federal and provincial arbitration laws, including the Commercial Arbitration Act for international matters and relevant provincial legislation for domestic disputes. It provides detailed procedures for arbitrator appointment, hearing conduct, evidence presentation, and award enforcement, while offering flexibility to accommodate specific industry needs and dispute complexities.
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1. Parties: Identification and details of all parties entering into the arbitration agreement
2. Background: Context and circumstances leading to the arbitration agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Arbitration: Clear description of what disputes are covered by the arbitration agreement
5. Arbitration Rules: Specification of which arbitration rules will govern the proceedings (e.g., UNCITRAL, ICC, or custom rules)
6. Appointment of Arbitrators: Process for selecting arbitrators, including number of arbitrators and qualification requirements
7. Place of Arbitration: Specification of the physical location where arbitration will be conducted
8. Language of Arbitration: Official language(s) in which the arbitration will be conducted
9. Governing Law: Law that will govern both the arbitration agreement and the underlying dispute
10. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings and materials
11. Costs and Fees: Allocation of arbitration costs and legal fees between parties
12. Award: Parameters for the arbitration award, including timing and form requirements
13. Enforcement: Provisions regarding the enforcement of the arbitral award
1. Emergency Relief: Procedures for obtaining emergency relief before the arbitration tribunal is formed
2. Multi-Party Provisions: Special provisions for arbitrations involving more than two parties
3. Discovery Procedures: Detailed procedures for document production and evidence gathering
4. Expert Determination: Provisions for appointing and using expert witnesses
5. Mediation-Arbitration: Provisions for attempting mediation before proceeding to arbitration
6. Appeals Process: Procedures for appealing the arbitration award if permitted
7. Special Industry Provisions: Industry-specific requirements or procedures
8. Virtual Hearings: Provisions for conducting arbitration proceedings virtually
9. Interim Measures: Procedures for obtaining interim relief during the arbitration
1. Schedule A - Arbitration Rules: Detailed procedural rules governing the arbitration if using custom rules
2. Schedule B - Fee Schedule: Detailed breakdown of arbitrator fees, administrative costs, and other expenses
3. Schedule C - Tribunal Secretary Requirements: Qualifications and duties of the tribunal secretary if applicable
4. Schedule D - Document Production Protocol: Detailed procedures for document requests and production
5. Schedule E - Timeline: Expected timeline for key stages of the arbitration process
6. Appendix 1 - Notice Forms: Template forms for various notices required during the arbitration
7. Appendix 2 - Confidentiality Agreement: Form of confidentiality agreement for participants in the arbitration
8. Appendix 3 - Arbitrator Declaration: Template for arbitrator's declaration of independence and impartiality
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