Rule 9 – Single Member Tribunal
9.1 The Chair will appoint a Tribunal in a timely manner after the conditions noted in these Rules have been met. The Chair’s Office will notify the Parties of the appointment.
Rule 10 – Three Member Tribunal
10.1 Where all parties to the arbitration:
- agree in writing and file their agreement with the Chair’s Office;
- the prize in dispute exceeds $2 million; and
- the Three Member Tribunal Fee is paid,
the Chair will appoint a panel of three persons as a Tribunal. The Chair’s Office will notify the Parties to the arbitration of the appointments.
10.2 The panel will designate one of its members as President of the Tribunal. The President may hear motions, make procedural orders, and conduct the pre-arbitration conference.
10.3 Where one member of a Three Member Tribunal resigns or is unable to complete the arbitration, the arbitration shall proceed as a Single Member Tribunal before the Tribunal’s President. Where the President of the Tribunal resigns or cannot complete the arbitration, the Parties may choose to have the remaining members continue the arbitration or to recommence the arbitration before a different Tribunal.
10.4 The decision of the majority of a Three Member Tribunal is the Tribunal’s award. Where there is no majority or unanimous decision, the President’s decision is the Tribunal’s award.
Rule 11 – Simplified Arbitrations
11.1 Where the Parties to the arbitration agree, file a written agreement with the Chair, and pay the Simplified Arbitration Fee, the arbitration shall be conducted as a Simplified Arbitration. The Simplified Arbitration is intended to be a faster, more informal, and less expensive process. A Three Member Tribunal shall not conduct a Simplified Arbitration.
11.2 A Pre-Arbitration Conference will be conducted by conference telephone call within 15 days of the Simplified Arbitration Tribunal’s appointment. At that time the Simplified Arbitration Tribunal will:
- set a timetable for completion of all preliminary matters as soon as possible and, in any event, within 60 days from its appointment;
- set the time and place of the hearing; and,
- make any other directions which the Tribunal considers necessary for a fair and expeditious arbitration.
11.3 Rules 10, 13.2 (iv), (ix), 15.5, 15.6, 16.3 and 16.4 do not apply in a Simplified Arbitration. The Simplified Arbitration Tribunal shall not consider expert evidence, order the detention, preservation, or inspection of property or documents, or grant interim measures of protection. Amendments to the Notice of Dispute or Response shall not be granted except on consent of all Parties. There shall be no court reporter or transcript of the proceeding before the Simplified Arbitration Tribunal. The Simplified Arbitration Tribunal may shorten times for making motions or taking any other step in the proceeding as it considers appropriate.
11.4 Unless the Tribunal permits otherwise, evidence shall be in the form of sworn statements subject to cross-examination before the Simplified Arbitration Tribunal.
11.5 The Simplified Arbitration Tribunal shall deliver its award to the Chair’s Office within 15 days of the completion of the hearing.
Rule 12 – Independence and Impartiality
12.1 An arbitrator shall be independent of the Parties and shall act impartially.
12.2 Before accepting an appointment, a person shall disclose to all Parties to the arbitration any information that may give rise to a reasonable apprehension of bias or conflict of interest.
12.3 If, at any time before the arbitration is concluded and the final award issued, an arbitrator becomes aware of circumstances that may give rise to a reasonable apprehension of bias or conflict of interest, they shall be disclosed to the Parties to the arbitration as soon as possible.
12.4 A Party to the arbitration who alleges bias or conflict of interest must, within 5 days of becoming aware of the circumstances on which the allegations are based, deliver written notice detailing the allegations to all other Parties to the arbitration and file it with the Chair’s Office for delivery to the Tribunal.
12.5 If an arbitrator resigns the appointment after considering the allegations, the Chair will appoint a new arbitrator.
12.6 If the arbitrator does not resign, the Tribunal will decide the allegations. A Party may challenge the Tribunal’s decision by commencing an application to the Court in accordance with the provisions of the Arbitration Act and the Rules of Civil Procedure within 10 days of the Tribunal’s decision.