DRC Members: New Dispute Resolution Rules

| DRC

The DRC’s Mediation and Arbitration Rules have been revised to avoid repetition of some articles; updated to a more common wording; addition of definitions to better protect the process and its participants; and, align our rules with the most progressive arbitration centres in the world. DRC Trading Assistance Staff with the help of a recognized arbitration expert in Canada, Professor Anthony Daimsis, have finalized this project.  At the latest Board of Director’s meeting in June, the DRC Board approved the new Mediation and Arbitration Rules and allocated a coming into force date of November 1st, 2018. Although most are minor changes, here are some of the most significant ones:

  • Name change: The new name for our Mediation and Arbitration Rules will be “Dispute Resolution Rules”
  • Current Mediation and Arbitration Rules have two separate arbitration procedures: expedited arbitration and formal arbitration procedures. The new Dispute Resolution Rules have one arbitration proceeding with an appendix to cover expedited procedures.
  • In the new Dispute Resolution Rules all of the arbitration procedures will be considered international arbitrations in accordance with Ontario’s International Arbitration Act.
  • New articles have been added to the Dispute Resolution Rules that provide 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.
  • Early dismissal. 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 Mediation and Arbitration.  All Statements of Claim submitted after November 01, 2018 will be subject to the new Dispute Resolution Rules.

Professor Anthony Daimsis is a Law Professor and member of the International Law Group at the University of Ottawa.  He is Director of the Faculty of Law’s moot court program, and of the National Program (a bijurial curricular program that leads to a dual JD/L.L.L. degree).  Additionally, he teaches courses in international arbitration and international sales law for Osgoode Hall’s LLM program and he is a lecturer on international arbitration for the Swiss International Law School’s LLM program.  He is author of the forthcoming book International Arbitration: the fundamentals and the indispensables and The Common Law lawyer’s guide to the Convention on the International Sale of Goods.