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Arbitration

Appointing Authority

An Appointing Authority provides a mechanism for the expeditious and inexpensive appointment of an appropriate and qualified arbitrator(s) to determine a dispute. The Canadian Arbitration Association (CAA) acts as an Appointing Authority for the appointment of a single arbitrator, an arbitral tribunal, and an emergency arbitrator. CAA will act as Appointing Authority where designated by contract, by agreement of the parties, or by court order.

CAA will decide challenges regarding the independence and impartiality of an arbitrator, assist with the replacement of an arbitrator who is unable to continue, and resolve an objection to fees charged by an arbitral tribunal.

A model appointing authority clause is available here.

The appointing process will follow the procedure agreed-upon by the parties. In the absence of the parties’ agreement, CAA will determine the procedure[1].

A request that CAA exercise the powers of an Appointing Authority may be emailed to arbitration@adr.ca accompanied by:

  1. a copy of the clause, agreement, or other instrument establishing the designation of CAA as Appointing Authority;
  2. a copy of the notice of arbitration served upon the respondent and the date of service;
  3. copies of any lists of potential arbitrators exchanged by the parties; and
  4. payment of the non-refundable appointing authority fee of $1,130.00 ($1,000.00 plus HST).

[1] For example, CAA’s Appointing Committee may create a list of potential arbitrators and ask the parties to strike any unacceptable names and rank the remaining names preferentially.

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