NEW DISPUTE RESOLUTION RULES NOW IN EFFECT

November 01, 2018

 

Memo to:        DRC Members

From:             Fred Webber, President & CEO

Subject:          NEW DISPUTE RESOLUTION RULES NOW IN EFFECT

 

To align our rules with the most progressive arbitration centres in the world, with the help of an internationally recognized arbitration expert in Canada, Professor Anthony Daimsis, DRC is proud to announce the implementation of our new Dispute Resolution Rules.

Effective today, November 01, 2018, the new Dispute Resolution Rules have replaced the Mediation and Arbitration Rules.  The purpose of this change was to avoid repetition of some articles; update the language to reflect more common wording; add definitions to better protect the process and its participants; and, make our rules easier for members to read and understand. Although most are minor changes, here are some of the most significant ones:

  • The new Dispute Resolution Rules have one arbitration proceeding with an appendix to cover expedited procedures, unlike the previous Mediation and Arbitration Rules which had two separate arbitration procedures.
  • Going forward, all DRC arbitration proceedings will be considered international arbitrations in accordance with Ontario’s International Arbitration Act.
  • The new rules now allow for multiple contracts, additional parties or cases to be joined in one arbitration proceeding.
  • All arbitrator’s draft decisions will be reviewed by DRC without affecting the arbitrator’s liberty of decision prior to submitting their decision and award to the parties. DRC may make observations as to the form of the award and draw attention to points of substance.
  • The Dispute Resolution Rules include a provision that allows for early dismissal meaning cases that have no merit can be expedited.

Please note, all Statements of Claim received prior to the coming into force date of November 01, 2018 will follow the former Mediation and Arbitration Rules.  If you require of copy of these Rules, please contact our office.  All Statements of Claim submitted after November 01, 2018 will be subject to the new Dispute Resolution Rules.

For a copy of these Rules, please visit our website.  We recommend that you become familiar with these rules and contact Jaime Bustamante, Trading Assistance Manager, if you have any questions at jbustamante@fvdrc.com.