Category: Uncategorized

Welcome new members!

We are delighted to welcome the following members who joined us in January 2025. 

AGRICOLLIBIO SRL (Also d/b/a Agricollibio), Italy
BOLA DE ORO FRESH SPR DE RL DE CV (También haciendo negocios como Bola de Oro), Oaxaca, Mexico
DOMÉNICK IMPORT INC., QC, Canada
JB AND SONS FARM LTD., BC, Canada
KEMET PRODUCE INC. (Also d/b/a Kemet Produce), ON, Canada
MILLGROVE FARMS SALES INC., ON, Canada
NATTURALE Y CIA SCA, Cundinamarc,a Colombia
NEXATECH INC., ON, Canada
RACCOONADA NUTS AND DRIED FRUITS TRADING INC., ON, Canada
RUMA MEXI-CAN FOOD AND BEVERAGE INC., BC, Canada
THE FRUITY WORLD INC., ON, Canada

To view a complete list of active members, click here.

DRC Membership Change in Status

As of January 31st, 2025, the following organizations no longer hold a DRC membership:

9461-1886 QUÉBEC INC., QC, Canada
A.S.T. DISTRIBUTION (Faisant également affaire sous 9400-1237 Quebec Inc.), QC, Canada
ADEF IMPORT EXPORT (Faisant également affaire sous 9431-1289 Quebec Inc.), QC, Canada
AGRI-FRESH INC., MB, Canada
ALQUIMIA FRUITS S.L., Catalonia, Spain
BARNSTON ISLAND HERB CORPORATION, BC, Canada
BC HOT HOUSE FOODS ( A Division of Star Produce Ltd.), BC, Canada
CFP CONSOLIDATED FRUIT PACKERS (A Division of Star Produce Ltd.), BC, Canada
COLINAS PRODUCTS, LLC. (Also d/b/a Colinas Foods), TX, United States
COMPTON BROS. INC., PE, Canada
DIMARE HOMESTEAD, INC., FL, United States
GESTION C BOURGEOIS INC., QC, Canada
HANIF PRODUCE, ON, Canada
LES SERRES ROYALES INC., QC, Canada
MEXAVO PRODUCE INC., QC, Canada
MMK GROUP INC., ON, Canada
MZ.IT INC., QC, Canada
PACIFIC GLOBAL ENTERPRISES, INC., BC, Canada
RED CROWN VENTURES LTD. (Also d/b/a Red Crown Pomegranate Juice), BC, Canada
SANLLO CANADA INC. (Also d/b/a Sanllo), ON, Canada
SANLLO EXPORT, S. L. (Also d/b/a Sanllo), Valencia, Spain
STAR PRODUCE LTD., BC, Canada
STAR PRODUCE LTD., AB, Canada
TOOTTI FROOTTI (A d/b/a of On-A-Bun Franchising Inc.), ON, Canada
UVA ENTERPRISE CORP., BC, Canada
WHOLE LEAF LTD., AB, Canada
WORLD FRESH PRODUCE CANADA INC., QC, Canada

Click here to view a complete list of inactive members. This list includes members who resigned, were expelled, or were terminated in the last nine months.

For details regarding a change in status, please contact the office.

Important note: Following membership termination, the former member remains liable for claims arising prior to their termination if the claim is submitted to DRC by way of a Notice of Dispute within nine (9) months from when the claim arose or within nine (9) months from when the claimant ought reasonably to have known of its existence.

About the DRC

The DRC is a non-profit membership-based organization whose core work is business-to-business commercial dispute resolution for produce. The DRC is a referee between parties when a purchase and sale do not go according to plan. Members adhere to a common set of trading standards and member responsibilities that promote fair and ethical trading for produce entering the North American marketplace. In Canada, membership in the DRC is a regulatory requirement to trade fresh fruits and vegetables (i.e., buy, sell, import, export) unless accepted by the regulations. Today, the DRC has members in 16 countries outside North America, and membership continues to grow annually. Anyone exporting fresh fruits and vegetables to Canada must sell to a DRC member.

In addition to its Operating Rules and Trading Standards, the DRC offers a comprehensive, tailored suite of tools to build members’ knowledge and capacity to avoid or resolve disputes. The DRC provides education, mediation, and arbitration services and can impose sanctions and disciplinary actions on members who do not conduct business in accordance with the terms of their membership agreement.

The DRC has resolved claims worth more than $105 million to date. Although arbitration is available, 80% of these claims have been settled in an average of 26 days through our informal consultation/mediation services. Arbitration awards are court-enforceable in countries that are signatories to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards or subsequent conventions.

For more information about memberships, click here or contact our Helpdesk.

After the publication of our article, “DRC’s Jurisdiction Expansion,” several members and industry stakeholders raised questions about the potential impact of these changes on disputes involving parties outside of North America (Mexico, the United States, or Canada). Specifically, many are curious about how the new rules affect the seat of arbitration, the location of hearings, and the selection of arbitrators. These are important considerations for those not familiar with DRC Dispute Resolution Rules.

Before addressing these questions, we would like to remind everyone that DRC’s trading standards, transportation standards, guidelines, and Dispute Resolution Rules serve as the default provisions in any transaction between members unless otherwise agreed.

1. How is the seat of arbitration and location of hearings affected now that the dispute does not involve commerce with North American companies?

The DRC’s Dispute Resolution Rules designate Ontario, Canada, as the seat of arbitration. Ontario is recognized as one of the most favourable jurisdictions for arbitration globally. As outlined in the earlier section of this article, our rules and regulations serve as the default unless a contract specifies otherwise. Therefore, DRC members and any non-members choosing DRC arbitration can mutually agree to designate a different seat of arbitration, provided it suits their needs.¹

It’s important to distinguish between the seat of arbitration and the location of hearings. While the seat of arbitration is legally the jurisdiction in which the arbitration process is based, the location of hearings can differ. If the contract does not specify a hearing location, DRC’s Dispute Resolution Rules stipulate that the hearings will be held in Ottawa, Ontario, or at a location determined by the arbitrator. This could be a virtual or in-person hearing, which does not impact the seat of arbitration.

2. What if parties wish to select an arbitrator who is not from DRC’s Roster of Neutrals?

The DRC’s Dispute Resolution Rules allow parties to appoint an arbitrator of their choosing, even if the arbitrator is not listed on the DRC’s Roster of Neutrals. However, DRC strongly recommends selecting an arbitrator from our roster for several reasons. Of course, all arbitrators must remain independent and impartial, regardless of how they are selected.

Our roster of neutrals consists of arbitrators who are highly experienced in disputes related to the produce trade. More importantly, they are thoroughly familiar with DRC’s operating rules, including trading standards, transportation standards, and our specific dispute resolution procedures. DRC arbitrators are trained to interpret the contractual terms agreed by the parties, and if the contract is silent on an issue, they prioritize DRC’s standards and guidelines over other laws, such as the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Although most of our neutrals were originally from North America, they do possess international experience. Nevertheless, the DRC has expanded its roster to include arbitrators from South America and Europe. These neutrals have completed DRC’s educational process, ensuring they understand our services, rules, and the expectations placed on DRC arbitrators.

It’s also worth noting that in cases where the parties cannot agree on an arbitrator, DRC reserves the right to appoint an arbitrator from its roster.

¹ By agreeing to arbitrate under the DRC and its Rules, the parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one country, in accordance with Ontario’s International Arbitration Act, 2017, SO 2017, c 2, Sch 5, Schedule 2, Article 1(3)(c). Thus, if you choose another seat, it is beneficial if the seat’s arbitration law also permits this, should your dispute not be international.

RESOURCES:

DRC’s Dispute Resolution Rules

Article: DRC’s Jurisdiction Expansion

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If you have any questions about the article and would like to learn more, our team at the DRC is here to assist you. We value your inquiries and are eager to provide support. Click here to proceed.

The DRC Story

The Fruit and Vegetable Dispute Resolution Corporation (DRC) is excited to share that 2025 marks our 25th anniversary, a milestone in our journey that underscores our long-standing commitment to the fresh produce industry.

In the late 1990s, a process was initiated to establish the DRC. This process took time to develop. The need for the DRC arose after observing a significant growth in private commercial disputes following the implementation of the North American Free Trade Agreement (NAFTA). While a dispute resolution system existed in the United States under the Perishable Agricultural Commodities Act (PACA), Canada’s existing regulatory system proved ineffective in resolving most disputes, and cases were rising. In addition, Mexico had no international dispute settlement mechanism in place.

With a focus on minimizing and preventing trade irritants within North America, the DRC, a non-profit, membership-based organization serving the produce trade, was born in February 2000. Patterned mainly after the PACA system, the DRC evolved into a Tri-National Alternative Dispute Resolution Model that included fresh produce industry representatives and government officials from Canada, Mexico, and the US.

You may recall DRC’s iconic triangle-shaped logo. This design symbolized the collaborative spirit fostering a commitment towards a harmonious trade environment within the three nations and their commercial partners.

Since the creation of the DRC, we have successfully helped prevent and resolve millions of dollars in disputes. This evolution showcased our adaptability and unwavering commitment to improving legislation, establishing industry standards, and creating a fair and ethical environment for all participants.

In 2020, it felt time to refresh our brand. Inspired by organic shapes derived from fruits and vegetables, our new logo symbolizes the coming together of different parts of our industry. The shapes represent growth and progress, while the fresh and vibrant colour palette indicates the fruit and vegetable world. The green, orange and red hues represent the traditional ripening process of many of our crops. Our tagline, “Trade with Confidence,” captures our goal to equip you with the necessary information and tools you need BEFORE entering a new commercial transaction, introducing a sense of assurance in your trading decisions.

On January 6th, 2024, we amended our Operating Rules to expand DRC’s jurisdiction, underscoring our commitment to fairness in worldwide trade. The expansion allows the DRC’s Dispute Resolution Rules (specifically informal mediation, formal mediation, and arbitration services) to operate with a broader geographical spectrum, provided that both parties are members of the DRC at the time of the dispute, regardless of their location or where the product was traded.

As we celebrate our 25th anniversary, we look forward to continuing our mission to bring the necessary guidelines, education and services for successful commerce and trading partnerships. Thank you for joining us on this journey, and here’s to many more successful years of collaboration and growth. Let’s #tradewithconfidence!

RESOURCES: 

DRC By-Laws and Operating Rules

New York Convention

Welcome new members!

We are pleased to welcome the following 17 new members in September 2024. Here’s a list of who they are:

ALGRO FARMS INC., ON, Canada
ARROWLEAF CELLARS INC. (Also d/b/a Arrowleaf Cellars), BC, Canada
BURROWING OWL VINEYARDS LTD. (Also d/b/a Burrowing Owl Estate), BC, Canada
CANNEBERGES BIELER INC., QC, Canada
CLASSIC SALADS LLC., CA, United States
DAY’S CENTURY GROWERS INC., BC, Canada
EN TERRE VINEYARDS LTD. (Also d/b/a Terravista Vineyards), BC, Canada
EXPORTACIONES MEYER LIMITADA, Curico, Chile
FOOLISH WINE INC. (Also d/b/a Foolish Wine), BC, Canada
FRESH PLANTS INC., GA, United States
FRESHGO INC. (Also d/b/a FreshGo), AB, Canada
GRACE’S CHOICE INC., ON, Canada
LA FABRIQUE ST-GEORGE INC., BC, Canada
LA TERRE CULTIVÉE DISCREET INC. / DISCREET FARMLAND INC., QC, Canada
THERAPY VINEYARDS LTD. (Also d/b/a Therapy Vineyards & Inn), BC, Canada
TMG LOGISTICS INC., BC, Canada
VALLEY COMMONS WINERY LTD. (Also d/b/a Stoneboat Vineyards), BC, Canada

To view a complete list of active members, click here.

DRC Membership Change in Status

As of September 30, 2024, the following organizations no longer hold a DRC membership:

1022358 BC LTD., BC, Canada
ANUSAYA FRESH CANADA LTD., BC, Canada
BERRY PEOPLE LLC, CA, United States
CATAB IMPORT INC. (Also d/b/a Catab), BC, Canada
CGF INTERNATIONAL (Faisant également affaire sous Fritzner Pierre), QC, Canada
GLEZ FRESH (A d/b/a of 14111648 Canada Inc.), AB, Canada
K&D TRADING INTERNATIONAL INC. (Also d/b/a KD Trading), BC, Canada
LE SOLEIL INTERNATIONAL INC., ON, Canada
MAEN CANADA INC., ON, Canada
MEN’S FARMING INC., ON, Canada
MNH TRADERS INC., ON, Canada
NEW BOMBAY IMPORTS INC., BC, Canada
RENSO FOODS (A d/b/a of 15095875 Canada Inc.), BC, Canada
S. S FOOD TRADING (Also d/b/a 1129977 B.C. Ltd.), BC, Canada
SCARLA FRUIT (Faisant également affaire sous 9492-9122 Québec Inc.), QC, Canada
THIS AND THAT HOLDINGS CORPORATION, BC, Canada

To view a complete list of inactive members, click here. This list includes members who resigned, were expelled, or were terminated in the last nine months.

For details regarding a change in status, don’t hesitate to contact our Helpdesk.

About the DRC

The DRC is a non-profit membership-based organization whose core work is business-to-business commercial dispute resolution for produce. The DRC is a referee between parties when a purchase and sale do not go according to plan. Members adhere to a common set of trading standards and member responsibilities that promote fair and ethical trading for produce entering the North American marketplace.

In Canada, membership in the DRC is a regulatory requirement to trade fresh fruits and vegetables (i.e., buy, sell, import, export) unless accepted by the regulations. Today, the DRC has members in 13 countries outside North America, and membership continues to grow annually. Anyone exporting fresh fruits and vegetables to Canada must sell to a DRC member.

In addition to its Operating Rules and Trading Standards, the DRC offers a comprehensive, tailored suite of tools to build members’ knowledge and capacity to avoid or resolve disputes. The DRC provides education, mediation, and arbitration services and can impose sanctions and disciplinary actions on members who do not conduct business in accordance with the terms of their membership agreement.

To date, the DRC has resolved claims worth more than $105 million. Although arbitration is available, 80% of these claims have been settled in an average of 26 days through our informal consultation/mediation services. Arbitration awards are court-enforceable in countries that are signatories to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards or subsequent conventions.

For more information about memberships, click here or contact our Helpdesk.