The ADRIC Arbitration Rules
Important Update on the ADR Institute of Canada (ADRIC) Arbitration Rules:
ADRIC has adopted new Arbitration Rules and a new Arbitrator Appointment Protocol, effective March 1, 2025. This modernization effort aims to support both domestic and international arbitration with up-to-date procedures and streamlined institutional support. The ADRIC Arbitration Rules have been the leading choice for Canadian businesses since 2002.
- ADRIC – Arbitration Rules 2025 – Effective March 1, 2025
- ADRIC Arbitrator Appointment Protocol effective March 1, 2025
“The new Arbitration Rules reflect two years of thoughtful discussion and analysis by a committed group of arbitrators and arbitration counsel representing all regions in Canada. Their focus has been on providing a framework for arbitration as a means of resolving disputes in a full, fair and final manner using up-to-date arbitration procedures and streamlined institutional support when needed.”
— Comment by William G. Horton, C.Arb, co-chair and discussion leader of the ADRIC Modernization Committee that drafted the new Arbitration Rules.
Highlights of the New Rules:
- Customized ADRIC support Based on a “menu” of available services
- Elimination of distinction between international and non-international disputes
- Enhanced arbitrator appointment process
- Expedited and integrated challenge process
- Conflicts disclosure processes and standards
- Practical precedents that can be customized
- Checklist for first procedural meeting
- Draft first procedural order
- Standard terms of appointment of an arbitrator
- Standard statement of arbitrator independence and impartiality
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 relation to any legal relationship associated with or derived from this agreement, will be resolved by final and binding 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].”
ADRIC ARBITRATION INFORMATION TO ARBITRATORS
Do you wish to be considered for an arbitrator appointment? The arbitrator appointment criteria are listed in the arbitrator appointment protocol.
A candidate who wishes to be considered for an arbitrator appointment must:
- Be a member in good standing of ADRIC and a regional affiliate;
- Confirm that they carry at least $1 million in arbitrator errors and omissions insurance;
- Commit to responding promptly to inquiries from ADRIC concerning their willingness to accept an appointment, failing which they may not be considered for appointments;
- Advise whether there is any equity, diversity, and inclusion information they would like to be considered by the sub-committee in making Direct Appointments or generating Candidate Lists; and
- Submit an ADRIC arbitrator profile that is accessible on ADRIC’s website and contains the following information:
- i. their area(s) of expertise;
- ii.their professional arbitration designations, if any;
- iii. whether they wish to be considered for Interim Arbitrator or Challenge Adjudicator appointments;
- iv. their experience as arbitrator and/or arbitration counsel;
- v. their standard rate(s);
- vi. any other information they deem relevant; and
- vii. at the candidate’s option, any equity, diversity, and inclusion information they would like to be considered.
To create your ADR Connect Profile to be considered for arbitrator appointments, click here.
Any member who wishes to be considered for appointment as a Challenge Adjudicator or Interim Arbitrator must confirm that they are willing to accept an appointment on the basis of Schedules B and C of the Rules.
Members are requested to update their personal profiles regularly by logging into their Member Portals.
All requests for Direct Appointments or to generate Candidate Lists must be sent by email to ADRIC Case Services at Arb-admin@adric.ca.
All requests by one or more parties must include the following information:
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- Party Disclosure required under the Rules;
- full names of all parties, their addresses, and other contact information, if known;
- names of all legal counsel or party representatives, their addresses, and other contact information, if known;
- brief description of the dispute, without argument;
- copy of the arbitration agreement, if any;
- amount(s) in dispute, if any;
- any qualifications the parties request or require of the arbitrator, including any subject area expertise;
- time constraints, if any, imposed by the parties, the arbitration agreement, or the nature of the dispute;
- whether appointment of an Arbitrator, Interim Arbitrator or Challenge Adjudicator is requested and, if so, all information required under the Rules; and
- any other information the party making the request considers necessary.
All party requests will also be copied to those identified in paragraphs 7b) and c) above, unless the request is for appointment of an ex prate Interim Arbitrator as permitted pursuant to the Rules.
We are grateful to the members of the Arbitration Modernization Project (AMP):
William G. Horton, Jim McCartney, Jim Musgrave, Glen Bell, Mary Comeau, Stephen Drymer, Bryan Duguid, Angus Gunn, Joshua Karton, Lisa Munro, David McCutcheon, Emily McMurtry, and Lauren Tomasich.
Advisory Committee Members to the AMP: Brian Casey, Megan Keenberg, Jack Marshal, Eric Morgan, Murray Smith, Doug Stollery, and Hon. Neil Wittmann.
We are also grateful to the members of the Arbitrator Appointment Sub-Committee:
Lisa Munro, Amy Crosbie, Stephen Drymer, Douglas Harrison, Matti Lemmens, Jim McCartney, Sabri Shawa, and Junior Sirivar.
Important Notice: ADRIC Case Services will not answer questions or provide advice with respect to the use or interpretation of the ADRIC Arbitration Rules.
Any comments or suggestions concerning the New Arbitration Rules may be emailed to the ADRIC Executive Director at executivedirector@adric.ca.