Sample Form
SUBMISSION TO ARBITRATE
IN THE MATTER OF AN ARBITRATION BY AGREEMENT OF THE PARTIES
TO:
- The British Columbia International Commercial Arbitration Centre
- #500-1311 Howe St
- Vancouver, BC V6Z 2P3
PARTIES TO THIS SUBMISSION
BETWEEN:
Party 1_____________________________(the "Claimant")
Address for service:
- Name and address of party's lawyer (if applicable)
- Phone and Fax
AND
- Party 2 _______________________________ (the "Respondent")
- Address for Service
- Name and address of party's lawyer (if applicable)
- Phone and Fax
- (collectively referred to as "the Parties")
WHEREAS the Parties have agreed to submit to arbitration matters in dispute between them, the Parties agree as follows:
I. NATURE OF DISPUTE
The matters in dispute which are submitted for arbitration are as follows: (Provide an outline of the items in dispute)
OR
The parties agree to arbitration of all disputes arising out of or in connection with the attached agreement, (Name of or description of agreement or contract), or in respect of any legal relationship associated therewith or derived therefrom.
(If the dispute arises out of a contract or other written agreement between the parties, attach a copy.)
II. JURISDICTION
The Parties agree to submit to arbitration pursuant to the Commercial Arbitration Act, R.S.B.C. 1996, c.55, and agree that the Arbitrator has jurisdiction to determine all matters in dispute as described in Section I above.
Further, the Parties agree to be bound by the Rules of Procedure for Domestic Commercial Arbitration of the British Columbia International Commercial Arbitration Centre, as amended from time to time.
The arbitration shall be administered by the British Columbia International Commercial Arbitration Centre pursuant to its Rules.
III. THE REMEDIES SOUGHT
Party A seeks the following remedy: (optional)
Party B seeks the following remedy: (optional)
IV. VALUE OF THE CLAIM/COUNTERCLAIM
The value of the claim is estimated at $__________
OR
The value of the claim is unknown or cannot be approximately stated at this time.
The value of the counterclaim is estimated at $__________
OR
The value of the counterclaim is unknown or cannot be approximately stated at this time.
V. NUMBER OF ARBITRATORS
The parties agree as follows:
This matter shall be heard by a single arbitrator
OR
This matter shall be heard by an arbitral tribunal of three individuals. If no provision included, the Rules of the Centre will apply and a single arbitrator will be appointed. Parties electing to use a panel of three arbitrators should consider whether the reasons for doing so merit the additional cost and potential scheduling delays associated with a panel.
VI. NAMES OF ARBITRATOR(S)
The parties have agreed to the appointment of (name of individual agreed to) as sole arbitrator
OR
The parties have agreed to the appointment of (name of individual agreed to) and (name of individual agreed to) as members of the arbitral tribunal. These two arbitrators shall select a third to sit as chair or presiding arbitrator.
OR The parties request that the Centre appoint a sole arbitrator and proceed with the method of appointment outlined in Rule 14 at this time.
If no provision included, the Rules of the Centre apply and appointments will be made in accordance with Rule 12 and 14.
VII. QUALIFICATIONS OF THE ARBITRATOR(S)
The parties agree that the single arbitrator should be familiar with (specific experience or knowledge required by the arbitrator)
OR
"Party A" prefers that the arbitrator be familiar with (specific experience or knowledge required by the arbitrator). "Party B" prefers that the arbitrator be familiar with.
VIII. MODIFICATION OF THE RULES
The parties agree that the Domestic Commercial Arbitration Rules of Procedures will apply to this arbitration. No modifications have been agreed to.
OR
The parties agree to modification of the Domestic Commercial Arbitration Rules of Procedures as follows:
IX. LOCATION OF ARBITRATION
The place of arbitration shall be Vancouver, British Columbia, Canada. ( or State other location agreeable to the parties.)
X. COMMENCEMENT FEE
The commencement fee required pursuant to the current Fee Schedule of the British Columbia International Commercial Arbitration Centre is attached herewith.
SIGNED AND DATED at ____________, British Columbia this __________day of _______________, 20____.
_______________________________
Name of Representative
On behalf of Party A ("Claimant")
__________________________________
Name of Representative
On behalf of Party B ("Respondent")
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