1 INTERPRETATION

1.1 "Procedures" means the Trial Overflow Administrative Procedures of the BCICAC as amended from time to time.

1.2 In these procedures, terms and phrases have the same meanings as defined in or contemplated by the Commercial Arbitration Act, R.S.B.C. 1996, c.55. Except as otherwise defined or contemplated in the Commercial Arbitration Act, terms and phrases have the same meanings as defined in the Interpretation Act, R.S.B.C. 1996, c.238.

1.3 In these procedures, "BCICAC" means the British Columbia International Commercial Arbitration Centre, which is administered and operated by the ICA Foundation of British Columbia.

1.4 In these procedures, "Act" means the Commercial Arbitration Act, R.S.B.C. 1996, c.55.

1.5 In these procedures, "rules of the BCICAC" means the Domestic Commercial Arbitration Rules of Procedure of the BCICAC as amended from time to time.

2.1 These procedures apply to arbitrations commenced pursuant to the BCICAC"s Trial Overflow Programme and are incorporated by reference in the BCICAC"s standard arbitration agreement for that Programme.

3.1 The administrative fee for arbitrations conducted under these procedures, is $25 an hour for each hour billed by the Arbitrator, not to be less than $300 and not to exceed $1,500.

4.1 The fees of the Arbitrator throughout the arbitral proceedings, including the hearing and the writing of the award shall not exceed $225 per hour.

4.2 The sum of $1,500 per day times the number of days scheduled for the hearing shall be paid to the BCICAC to be held in trust until completion of the arbitration, as an initial deposit. This amount is by way of an advance for fees to be paid to the Arbitrator and to the BCICAC and for out of pocket disbursements.

5.1 The Arbitrator may, from time to time, require each party to deposit by cash or certified cheque to the BCICAC, in trust, an equal amount as a further advance for the anticipated costs of the arbitration including the Arbitrator"s fees.

5.2 If the required deposits are not made to the BCICAC in trust within 15 days after receipt of the request from the Arbitrator, or within such shorter time as the Arbitrator may direct, the Arbitrator shall inform the Parties in order that the other party may make the required payment.

5.3 If the required deposits are not made, the Arbitrator may order the suspension or termination of the arbitration proceeding.

5.4 The Arbitrator may withhold publication of the award until the BCICAC has received payment in full for the costs of the arbitration, including the Arbitrator"s fees and expenses.

6.1 The BCICAC may from time to time, pay to the Arbitrator from any deposit it holds under sections 4 and 5 any amount it considers reasonable and appropriate for fees earned or expenses incurred by the Arbitrator in the arbitration.

6.2 After the final award has been made or a settlement has been reached or the arbitration abandoned or otherwise finally disposed of, the BCICAC shall apply any deposits it holds to the cost of the arbitration, including any unpaid fees of the Arbitrator and administrative fees, render an accounting to the Parties of the deposits received and applied and return any unexpended balance to the Parties.

7.1 The arbitration is deemed to have commenced when the Parties have executed an arbitration agreement and the initial deposit has been paid to the BCICAC.

7.2 The BCICAC shall notify the Parties when the arbitration has been commenced.

8.1 The arbitration shall be before a single Arbitrator selected by the Parties from a list proposed by the BCICAC.

8.2 In the event the Parties are unable to agree on the Arbitrator but still wish to proceed to arbitration under the Trial Overflow Programme, the BCICAC shall appoint the Arbitrator from its Trial Overflow Programme Roster. The BCICAC shall proceed expeditiously to make the appointment so as to further the objectives of the Trial Overflow Programme and shall not be required to follow its usual appointment procedures.

9.1 The Arbitrator shall be and remain at all times wholly independent and impartial and shall not act as an advocate for any party to the arbitration.

9.2 Every person must, before accepting appointment as an Arbitrator, sign a statement declaring that he or she knows of no circumstances likely to give rise to justifiable doubts as to his or her independence or impartiality and that he or she will disclose any such circumstances to the Parties if they should arise after that time and before the arbitration is concluded. The statement shall be filed with the BCICAC and a copy shall be provided to all Parties.

10.1 The arbitration shall be conducted pursuant to the rules of the BCICAC or the Supreme Court Rules, as determined by the Parties.

10.2 Unless the Parties agree otherwise, the Arbitrator may adapt and modify the terms of the rules selected by the Parties as may be necessary to achieve a just, efficient and inexpensive determination of the proceeding on its merits.

10.3 Each party shall be treated fairly and shall be given a full opportunity to present its case.

11.1 The Arbitrator shall fix the costs of the arbitration, which costs shall be made part of the award.

11.2 Costs shall include:

11.3 Unless the Parties agree otherwise, the Arbitrator shall award costs pursuant to the Supreme Court Rules and Tariff as amended and in effect at the date of this Agreement, subject to such modifications as may be agreed by the Parties or determined by the Arbitrator from time to time. The Arbitrator shall interpret and apply the Supreme Court Rules and Tariff as may be necessary to facilitate their application to the arbitration proceedings.

11.4 The Arbitrator shall specify the costs payable for legal fees and expenses or the manner of determining those amounts.

11.5 Unless otherwise agreed by the Parties, or ordered by the Arbitrator, the costs set out in subsections 11.2(a), (b), (c) and (e) are joint and several obligations of the Parties.