Lex Mundi Global Arbitration Institutions Guide |
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Canada (Federal Law) |
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| (Canada) Firm Blake, Cassels & Graydon LLP Updated 25 Oct 2018 | |
| Name of Arbitral Institution; with abbreviation, if any. | There are a number of arbitral institutions. This document discusses one of them - the International Centre for Dispute Resolution Canada ("ICDR Canada"). |
| Where is the seat of the Arbitral Institution? | Not specified. |
| Is there an umbrella organization for the Arbitral Institution? | American Arbitration Association's International Centre for Dispute Resolution. |
| How is the Arbitral Institution structured? | N/A |
| Is there a compulsory list of arbitrators that parties are required to choose from? | No. |
| Can the place of arbitration freely be chosen by the parties? Is there a default place of arbitration? | Yes the place of arbitration can be freely chosen by the parties. There isn't a default place of arbitration. |
| What is the amount of the registration fee? | Depends on the amount of the claim and the fee option chosen. |
| What is the average cost of an arbitration in the following cases? 1 arbitrator, amount in dispute = $1 million | Varies. Administrative fees can be expected to be in the range of $13K-23K (USD). |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $10 million | Varies. Administrative fees can be expected to be above $28K (USD). |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $100 million | Varies. |
| Who pays advances on costs? What happens in the event of default? | The Administrator may request that the parties deposit appropriate amounts as an advance for the costs. Proceedings may be suspended or terminated if payments are not made. |
| Does the Arbitral Institution have formalistic procedures (e.g. terms of reference) that must be complied with? If so, which ones? | Terms of Reference are not required but there is a requirement for pleadings. |
| Which languages can be used for communication with the Arbitral Institution? | Not specified but English can be used. |
| Who is the main point of contact for the parties within the Arbitral Institution? | The Administrator. |
| Are there restrictions on the language that the arbitration may be conducted in? | No. Parties may choose the language of the arbitration. If the parties have not agreed otherwise, the language(s) of the arbitration shall be the language(s) of the documents containing the arbitration agreement, subject to the power of the arbitral tribunal to determine otherwise. |
| Who appoints substitute arbitrators? | Parties may agree upon any procedure for appointment. |
| Are there specific regulations for multi-party arbitrations or joinders to the proceedings? | Yes. |
| Are oral hearings compulsory? | No. |
| What are common evidence-taking practices? | Parties exchange all documents on which they rely and may apply to seek relevant and material documents from other parties. Unless otherwise agreed by the parties or directed by the tribunal, evidence of witnesses is presented in the form of written statements or affidavits signed by them. A party may examine the witnesses of other parties. |
| What is the average duration of arbitration proceedings? | Varies. |
| What is the timeframe for rendering the award? | Unless otherwise agreed by the parties, specified by law, or determined by the Administrator, the final award shall be made no later than 30 days from the date of the closing of the hearing. |
| Are extensions to time limits permissible? | Yes. |
| Can the arbitral tribunal impose interim measures? Is there a competing competency of the ordinary courts with regard to interim measures? | Yes. |
| Do the institutional rules provide for an emergency arbitrator? | Yes. |
| Are there any specific regulations for expedited proceedings? If so, is there a deadline for rendering such an award? | Yes. Unless otherwise agreed by the parties, specified by law, or determined by the Administrator, the award shall be made not later than 30 days from the date of the closing of the hearing or from the time established for final written submissions. |
| Are arbitral awards submitted for scrutiny? If so, to whom? | Yes. Awards are transmitted in draft form by the tribunal to the Administrator. |
| Do costs necessarily follow the event? | No. |
| Can an arbitral award be annulled in your jurisdiction? If yes, do the reasons for annulment in principle correspond to the reasons for denial of enforcement according to the New York Convention? | An award can be set aside. |
| Link to institutional rules | https://www.icdr.org/sites/default/files/document_repository/ICDR-Canada-Rules-English.pdf |
| Link to model clause | https://www.icdr.org/sites/default/files/document_repository/ICDR-Canada-Rules-English.pdf |
Lex Mundi Global Arbitration Institutions Guide
There are a number of arbitral institutions. This document discusses one of them - the International Centre for Dispute Resolution Canada ("ICDR Canada").
Not specified.
American Arbitration Association's International Centre for Dispute Resolution.
N/A
No.
Yes the place of arbitration can be freely chosen by the parties. There isn't a default place of arbitration.
Depends on the amount of the claim and the fee option chosen.
Varies. Administrative fees can be expected to be in the range of $13K-23K (USD).
Varies. Administrative fees can be expected to be above $28K (USD).
Varies.
The Administrator may request that the parties deposit appropriate amounts as an advance for the costs. Proceedings may be suspended or terminated if payments are not made.
Terms of Reference are not required but there is a requirement for pleadings.
Not specified but English can be used.
The Administrator.
No. Parties may choose the language of the arbitration. If the parties have not agreed otherwise, the language(s) of the arbitration shall be the language(s) of the documents containing the arbitration agreement, subject to the power of the arbitral tribunal to determine otherwise.
Parties may agree upon any procedure for appointment.
Yes.
No.
Parties exchange all documents on which they rely and may apply to seek relevant and material documents from other parties. Unless otherwise agreed by the parties or directed by the tribunal, evidence of witnesses is presented in the form of written statements or affidavits signed by them. A party may examine the witnesses of other parties.
Varies.
Unless otherwise agreed by the parties, specified by law, or determined by the Administrator, the final award shall be made no later than 30 days from the date of the closing of the hearing.
Yes.
Yes.
Yes.
Yes. Unless otherwise agreed by the parties, specified by law, or determined by the Administrator, the award shall be made not later than 30 days from the date of the closing of the hearing or from the time established for final written submissions.
Yes. Awards are transmitted in draft form by the tribunal to the Administrator.
No.
An award can be set aside.