Arbitration is a dispute resolution process in which parties agree to submit their dispute to one or more arbitrators who will render a binding decision. Arbitration is a consensual, private and confidential alternative to resolving disputes in court.

Arbitration provides the parties with more flexibility and efficiency than the court system. The parties in an arbitration can select their arbitrator(s) based on subject-matter expertise. The parties can also work with the arbitrator(s) to create a process that will meet their needs and save costs. Arbitrations are often less formal than court proceedings and can be scheduled at times that are convenient for lawyers and their clients.

Administered Arbitrations

The Canadian Arbitration Association (“CAA”) administers arbitrations to ensure that the process is fair and efficient. The CAA can administer arbitrations under its Regular Arbitration Rules or Expedited Arbitration Rules. The CAA can also administer ad hoc arbitrations.

The CAA has a roster of qualified and experienced arbitrators, specializing in different areas of the law. If the parties to a dispute are unable to agree on the selection of an arbitrator, the CAA’s Appointing Committee will appoint the arbitrator(s) in a fair and transparent way. The CAA’s administrative team will then work with the parties and the arbitrator(s) to ensure that the arbitration runs smoothly. This includes finalizing the Agreement to Arbitrate and Terms of Appointment, scheduling pre-hearing case conferences, scheduling hearings, corresponding on behalf of the arbitrator(s), ensuring that the parties’ materials are received by the arbitrator(s), and handling deposits and billings.

Regular Arbitration

The CAA Arbitration Rules set out a clear and organized process for the conduct of an arbitration.

The CAA Arbitration Rules are ideal for the vast majority of arbitrated disputes, as they provide needed structure but also allow the parties flexibility in designing a fair arbitration process.

How to Commence a Regular Arbitration

For arbitrations governed by the CAA Arbitration Rules, the party commencing the arbitration (the “Claimant”) must deliver a Notice of Arbitration to the opposing party (the “Respondent”). At the same time, a copy of the Notice of Arbitration must be delivered to the Canadian Arbitration Association, along with a non-refundable filing fee of $500 + HST ($565). The Notice of Arbitration may be delivered electronically by email to info@canadianarbitrationassociation.ca. The CAA Arbitration Coordinator will contact the filing party and provide them with payment information. Once the filing fee and Notice of Arbitration are received, the CAA Arbitration Coordinator will advise the parties of next steps.

A downloadable PDF of the Notice of Arbitration can be found here: Notice of Arbitration. Claimants are not required to use the CAA’s Notice of Arbitration template (linked above) so long as the Notice of Arbitration that is prepared complies with the requirements set out in Rule 3.1 of the CAA Arbitration Rules.

CAA Arbitration Rules
Fees
Arbitrators
Model Arbitration Clauses
Notice of Arbitration Template

Expedited Arbitration

Expedited Arbitration is designed for people who want a fast and inexpensive arbitration without much flexibility. Expedited arbitrations are fixed fee arbitrations with strict time frames and limitations on number of documents, length of briefs and time for the hearing (limited to one day). The process takes less than 90 days from the appointment of the arbitrator to the issuance of the award, and there is only one hearing day.

The arbitrator will not have the discretion to extend timeframes, or increase page limits or number of documents except in extraordinary circumstances or on consent. Any changes to the Expedited Rules may result in increased fees to the parties.

How to Commence an Expedited Arbitration

For arbitrations governed by the CAA Expedited Arbitration Rules, a Notice to Arbitrate must be delivered by the party commencing the arbitration (the “Claimant”) to the opposing party (the “Respondent”). At the same time, a copy of the Notice to Arbitrate must be delivered to the Canadian Arbitration Association. The Notice to Arbitrate may be delivered electronically by email to info@canadianarbitrationassociation.ca. The CAA Arbitration Coordinator will contact the parties to advise of next steps.

A downloadable PDF of the Notice to Arbitrate can be found here: Notice to Arbitrate. Claimants are not required to use the CAA’s Notice to Arbitrate template (linked above) so long as the Notice to Arbitrate that is prepared complies with the requirements set out in Rule 3 of the CAA Expedited Arbitration Rules.

CAA Expedited Arbitration Rules
Fees
Arbitrators
Model Expedited Arbitration Clause
Notice to Arbitrate Template

Ad hoc Arbitration

Where the parties do not agree that the CAA Arbitration Rules or CAA Expedited Arbitration Rules apply, the CAA is nonetheless available to help the parties select the arbitrator(s), finalize the Agreement to Arbitrate and Terms of Appointment, and schedule the pre-arbitration conferences.

Virtual Hearings

The Canadian Arbitration Association offers virtual hearing through a video conference system. There are no additional fees for virtual hearings. Parties need not be tech savvy to use the system; they just require a computer, smartphone or tablet and a web camera.

Hybrid offerings: on-site and virtual combined

Our hybrid proceedings offer an effortless experience between on-site and virtual parties. A $150.00 plus HST daily fee will be charged for computer, TV, and monitor set up, including troubleshooting assistance throughout the day.

Facilities at Canadian Arbitration Association’s Toronto Office

The Canadian Arbitration Association is pleased to offer neutral, convenient and equipped arbitration space at its Head Office in Toronto. Computers, copying and faxing services are all available.

The fee for the arbitration room is $800 plus taxes per day and $400 plus taxes per day for additional breakout rooms. Coffee, tea, cold drinks and snacks are provided as included in the room fee. Lunch, if desired, is billed at cost.