The ADR Institute of Canada’s new Arbitration Rules came into effect December 1, 2014. These rules establish clear, modern, and common-sense procedures under which effective arbitrations can be conducted.
Since 2002, the ADRIC Arbitration Rules have been the leading choice for Canadian businesses and others to govern their arbitrations. These new Rules offer important improvements that will make them even more popular with the Canadian business community.
“The ADRIC Arbitration Rules are a flagship product of our organization, and we are proud that the has embraced them with such enthusiasm,” commented Scott Siemens, ADRIC President. “We listened closely to users and have worked hard to ensure that the ADRIC Arbitration Rules continue to be the obvious choice for Canadian business. The new Rules preserve the best of the old and add many new enhancements. Interim arbitrators are now available for emergency measures of protection. Document production has been simplified and streamlined. The new Rules anticipate the use of current technology. Above all, they emphasize party autonomy and the right of users to determine how their disputes should be resolved.”
The new ADRIC Arbitration Rules continue to offer the option of having ADRIC administer the parties’ arbitration for them. Under this option, ADRIC supports the parties by attending to many of the logistics involved in running an arbitration. For example, in an administered proceeding the parties might ask ADRIC to nominate or appoint a qualified arbitrator from its roster of experienced professionals and monitor the arbitration from beginning to end. The fees for this service are modest and the parties continue to control their proceeding.
Siemens added that while the new ADRIC Arbitration Rules are tailor-made for the resolution of complex business disputes, they are equally suitable for other matters. “The new Rules recognize that many disputes do not involve millions of dollars or armies of lawyers. From cover to cover, the new Rules use plain English and strive for clarity rather than legalese. For more straightforward disputes, a simplified procedure continues to be available.”
“This is the first major revision to the ADRIC Arbitration Rules in six years. If your arbitration agreements already adopt the ADRIC Arbitration Rules, the new Rules enhance your ability to pursue a just, speedy, and cost-effective determination of your disputes. If your arbitration agreements have not adopted the ADRIC Arbitration Rules, now is the time,” he added.
When is the next revision, and how can I comment?
None scheduled, but we will be responsive as the need arises. Send email or correspondence to: Executive Director, firstname.lastname@example.org
MODEL DISPUTE RESOLUTION CLAUSE
Parties who agree to arbitrate under the Rules may use the following clause in their agreement:
“All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated with or derived from this agreement, will be finally resolved by arbitration under the Arbitration Rules of the ADR Institute of Canada, Inc. [or the Simplified Arbitration Rules of the ADR Institute of Canada, Inc.] The Seat of Arbitration will be [specify]. The language of the arbitration will be [specify].”