Eligibility to Participate in the New Arbitrator Program

All New Arbitrators and Established Arbitrators in the New Arbitrator Program must apply to and be accepted in the Program by CIArb Canada. All applications will be submitted to and decided by a three-person New Arbitrator Program Advisory Committee comprised of members of CIArb Canada who have achieved the FCIArb designation or equivalent.   

Eligibility to participate as a New Arbitrator

To be eligible to participate as a New Arbitrator, an applicant must:

  1. be a Fellow of the CIArb in good standing and a member of CIArb Canada; 

  1. have completed fewer than three arbitration proceedings from commencement through to delivery of a final award; and 

  1. have applied to and been accepted by the CIArb Canada New Arbitrator Program Advisory Committee for the New Arbitrator Program. 

Click here to access the New Arbitrator Application. 

A New Arbitrator shall be eligible to participate in the New Arbitrator Program for up to three arbitration proceedings, provided that at least one of those proceedings has resulted in the issuance of a final award which the New Arbitrator has written or participated in writing.

The CIArb Canada New Arbitrator Program Advisory Committee may, in its sole discretion, permit a New Arbitrator to participate in more than three arbitration proceedings if this would achieve the purposes of the New Arbitrator Program.

If appointed as an arbitrator under the Expedited Procedures Model, a New Arbitrator must sign the Acceptance of Arbitration Appointment by New Arbitrator. Click here to access the Acceptance of Arbitration Appointment by New Arbitrator.   

If appointed as a shadow arbitrator, a New Arbitrator must sign the Acceptance of Shadow Appointment by New Arbitrator. Click here to access the Acceptance of Shadow Appointment by New Arbitrator. 

Eligibility to participate as an Established Arbitrator under the Shadow Model 

To be eligible to participate as an Established Arbitrator, an applicant must: 

  1. be a Fellow of the CIArb in good standing; 
  2. have conducted at least three full arbitration proceedings from start to delivery of a final award, which the applicant has written or participated in writing; and
  3. have applied to and been accepted by the CIArb Canada Branch New Arbitrator Program Advisory Committee for the New Arbitrator Program.

Eligibility to participate as a Party

Click here to access the Experienced Arbitrator Application.

Expedited Procedures Model

To be eligible to take advantage of the cost savings afforded by the New Arbitrator Program, (Expedited Procedures Model) parties who have agreed to resolve their dispute by arbitration must:

  1. have a commercial dispute with a total value ranging between $5,000 and $250,000;
  2. have applied to and been accepted by the CIArb Canada New Arbitrator Program Advisory Committee to have their dispute decided pursuant to the New Arbitrator Program (Expedited Procedures Model); and
  3. have accepted all terms and conditions of the New Arbitrator Program, including the General Principles for Proceedings Conducted under the New Arbitrator Program and the Expedited Procedures Model Terms.

Click here to access the Party Application (Expedited Procedures Model).

 

The Expedited Procedures Model 

To be eligible to take advantage of the cost savings afforded by the New Arbitrator Program (Expedited Procedures Model), parties who have agreed to resolve their dispute by arbitration must: 

  1. have a commercial dispute with a total value ranging between $5,000 and $250,000; 

  1. have applied to and been accepted to have their dispute decided pursuant to the New Arbitrator Program (Expedited Procedures Model); and 

  1. have accepted all terms and conditions of the New Arbitrator Program, including the General Principles for Proceedings Conducted under the New Arbitrator Program and the Expedited Procedures Model Terms.

    Click here to access the Party Application (Expedited Procedures Model). 

The Shadow Model 

 Parties who/which have already agreed to have their commercial dispute resolved by a sole arbitrator may participate in the New Arbitrator Program Shadow Model. They must accept all terms and conditions of the New Arbitrator Program, including the General Principles for Proceedings Conducted under the New Arbitrator Program and the Shadow Agreement. 

Click here for the Shadow Agreement. 

Eligible New Arbitrators

The Two Program Models

The roster of New Arbitrators eligible to be appointed will be provided to interested parties upon request by emailing info@ciarbcanada.org

The New Arbitrator Program has two models – the Expedited Procedures Model and the Shadow Model. In both Models, the parties may select their New Arbitrator(s) from the CIArb roster kept by CIArb Canada and provided upon request.  In order to facilitate appointments in the New Arbitrator Program, the New Arbitrators will also have the opportunity to participate in arbitrations in a shadow or observer capacity with Established Arbitrators

The Expedited Procedures Model assists parties to resolve commercial disputes with a value ranging between $5,000 and $250,000. In some communities, the CIArb Canada Branch works in partnership with provincial legal aid/pro bono organizations to provide this service. This Model offers parties faster, more efficient dispute resolution than can often be achieved in the courts and enhances access to justice for parties who are otherwise unable to afford it.

The Shadow Model offers New Arbitrators visibility and opportunity to enhance knowledge and to build trust, confidence and credibility required for appointment recommendations and referrals by providing for opportunities to observe, on a confidential basis and with the consent of the parties, an arbitration with an Established Arbitrator.

Why Participate in the Pilot Program?

For New Arbitrators, the New Arbitrator Program provides the practical experience as an arbitrator to enter the market and be eligible to be listed on a roster of an arbitral institution.

For Established Arbitrators, the New Arbitrator Program provides an opportunity to train, develop, and mentor new arbitrators under the Shadow Model.  Participation in the New Arbitrator Program assists with access to justice programs and may also qualify for continuing legal education credits in some provincial jurisdictions.

For disputing parties, the New Arbitrator Program provides qualified arbitrators who are willing to work free of charge to resolve their commercial disputes. The parties also benefit from the fact that the arbitration must take place in private, while court proceedings are open to the public.