General Principles for Proceedings Conducted under the New Arbitrator Program

Rules of Procedure

  1. The Expedited Procedures Model. Parties who agree to participate in the New Arbitrator Program (Expedited Procedures Model) on the basis that the amount at issue in the arbitration is between $5,000 and $250,000 agree that the arbitration shall be conducted pursuant to the Simplified Arbitration Procedure set out in Rule 6.2 of the ADR Institute of Canada (“ADRIC”) Arbitration Rules, regardless of whether their arbitration agreement provides otherwise, except that ADRIC shall not administer the arbitration and the CIArb Canada New Arbitrator Program Advisory Committee shall serve as the appointing authority to appoint the New Arbitrator under Rule 3 of the ADRIC Arbitration Rules. The decision of the New Arbitrator Program Advisory Committee shall be final. Click here for the Expedited Procedures Model Terms.
  1. The Shadow Model.Parties who agree to participate in the Shadow Model agree that the New Arbitrator may attend an arbitration proceeding with an Established Arbitrator, access and review all documents, and attend all hearings and conferences, in an observer capacity, and shall not be involved in or influence any decision-making in the arbitration. 
    Click here for the Shadow Agreement.

Authority of the Advisory Committee

  1. The CIArb Canada New Arbitrator Program Advisory Committee shall have the sole decision-making authority to: 
  • approve or deny the New Arbitrator Application; 
  • approve or deny the Established Arbitrator Application;  
  • approve Party Application referred to it under the Expedited Procedures Model; and 
  • appoint a New Arbitrator where applicable.
  1. The decision of the Advisory Committee shall be final.

Fees and Disbursements of the New Arbitrator

  1. The New Arbitrator will participate in the New Arbitrator Program on a volunteer basis, and will not charge the parties for fees or disbursements (out-of-pocket expenses).

Independence and Impartiality of the Arbitrator and Fairness

  1. The New Arbitrator and the Established Arbitrator under the Shadow Model must be and remain wholly independent and impartial throughout the arbitration. 
  1. The New Arbitrator must treat each party fairly and give each party a fair opportunity to present its case. 

Privacy and Confidentiality

  1. Unless the parties agree otherwise, the arbitration proceedings must take place in private.

No Liability

  1. None of CIArb, CIArb Canada, ADRIC, the New Arbitrator Program Advisory Committee members, nor the New Arbitrator or Established Arbitrator under the Shadow Model shall be liable to any party for any act or omission in connection with any arbitration conducted under this New Arbitrator Program.
  2. The New Arbitrator and the Established Arbitrator under the Shadow Model have the same protections and immunity as a Judge of the superior courts of Canada.