BCICAC :: Domestic Commercial Arbitration Shorter Rules

The Centre encourages the use of these Shorter Rules in as many disputes as possible, and especially where the amount of the claim or counterclaim is under $50,000.

The intent of the Shorter Rules is to provide a just, speedy, and binding resolution with minimum expense to the parties. In using these Rules, parties will attempt to mimimize the length, complexity and cost of the proceedings.

An arbitration conducted under these Rules shall be before a single arbitrator and is intended by the parties to be conducted on the basis of written submissions and documents. The parties may agree to, or the arbitrator may find necessary or preferable, a short hearing to receive oral evidence and/or submissions.

COMMENCEMENT OF ARBITRATION

To commence an arbitration under the Shorter Rules, a party should notify the Centre of their wish to commence an arbitration and provide the Centre with a copy of a written agreement to arbitrate under the Shorter Rules made between the parties to the dispute.

The following should be included with the Notice to the Centre: the names and mailing addresses of the parties to the dispute, a brief description of the matter in dispute, the name(s) of any individual(s) previously considered by the parties as a potential arbitrator, and a cheque payable to the Centre in the amount of the commencement fee plus GST. ( Please see the Centre"s current fee schedule).

(Note: Parties may utilize the form "Notice to Commence an Arbitration under the Shorter Rules")

APPOINTMENT OF ARBITRATOR

If the parties have not already appointed a mutually agreed to arbitrator of their own selection, the Centre will appoint a single arbitrator at the soonest possible opportunity. The Centre may consult with the parties to further ascertain the nature of the dispute to facilitate the appointment of an appropriate and impartial arbitrator.

The arbitrator shall have the power to modify these Rules and the time limits stipulated in these Rules.

PROCEDURE

Within seven days of his/her appointment, the arbitrator shall contact the parties to arrange a pre-hearing meeting, which may occur via telephone conference call. At the pre-hearing meeting, decisions shall be made as to the procedures and timelines to be followed in regard to: statements of claim, defence, and counterclaim; production of documents; evidence, including the possibility of an oral hearing; and submissions.

In the event that the determinations of this meeting vary the procedures and timelines outlined in the these Rules, the arbitrator shall confirm in writing such determinations.

STATEMENTS

Unless otherwise directed, the Claimant shall submit a statement of its claims within 14 days of the preliminary meeting. This statement should contain the basic facts and law upon which the claims are based, and a statement of the relief claimed.

The Respondent shall deliver a statement of defence within 14 days of receipt of the statement of claim containing the basic facts and law relied upon and any counterclaim.

The Claimant shall submit a brief reply, if any, and defence to counterclaim, if any, within 7 days of receipt of the statement of defence.

DOCUMENTS

Unless otherwise directed, the Claimant and Respondent at the time of submitting their statements shall deliver copies of documents upon which they intend to rely.

The arbitrator may, upon the application of a party, direct the other party to disclose specific documents in the possession or control of the other party.

EVIDENCE

Within 14 days of the end of the time period for exchange of statements, the Claimant shall submit signed written statements of the evidence of any witnesses.

Within 14 days of receipt of the Claimant"s witness statements the Respondent shall deliver signed written statements of the witnesses to the defence and counterclaim.

Within 7 days of receipt of the Respondent"s witness statements, the Claimant shall deliver written statements of witnesses in reply or in defence to any counterclaim.

The arbitrator may allow such further reply statements of evidence from either party as are deemed appropriate in the discretion of the arbitrator.

If the arbitrator has directed that oral evidence is to be received, he/she will set the time, date and location of the hearing, usually to be completed within one day, and advise the parties not less than 7 days prior to the scheduled date. The arbitrator may decide to permit only certain witnesses to testify. Subject to the discretion of the arbitrator, no party shall be allowed more than one-half day to present evidence, and cross-examination of witnesses shall not last more than one-half day. The arbitrator, if he/she considers it necessary, may schedule an additional hearing to be held within 7 days.

ARGUMENTS

The arbitrator will direct the parties to submit written arguments within 7 days of the close of the receipt of evidence. The arbitrator may hear oral arguments if considered necessary. DEFAULT

The arbitrator is entitled to proceed with the arbitration notwithstanding the failure or refusal of any party to comply with these Rules or with the arbitrator"s written orders or directions.

If the claimant is properly notified but fails to attend a hearing, the arbitrator may proceed to render an award with or without a hearing.

If the respondent fails to deliver its statement of defence or is properly notified but fails to attend a hearing, the arbitrator may proceed to conduct a hearing and/or render an award on the evidence received.

COSTS

Unless otherwise directed by the arbitrator, the parties shall bear their own costs of the arbitration. The arbitrator wils strive to hold any necessary hearings at a location which does not entail expense to the parties.

AWARD

The arbitrator shall render his/her award within 30 days of the close of argument. Unless otherwise agreed, the award shall include brief written reasons.