The Private Arbitration Agreement serves as a crucial legal instrument for parties seeking to resolve disputes through alternative dispute resolution in Canada. This document is typically used when parties wish to avoid traditional litigation and prefer a more flexible, confidential, and potentially faster dispute resolution process. The agreement must comply with both federal and provincial arbitration legislation, including the Commercial Arbitration Act and relevant provincial arbitration acts. It outlines comprehensive procedures for arbitrator appointment, hearing conduct, evidence presentation, and award enforcement. The document is particularly valuable for commercial relationships where parties want to maintain confidentiality, preserve business relationships, and have greater control over the dispute resolution process.
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1. Parties: Identification of all parties entering into the arbitration agreement
2. Background: Context of the relationship between the parties and purpose of the arbitration agreement
3. Definitions: Key terms used throughout the agreement
4. Scope of Arbitration: Types of disputes covered by the arbitration agreement
5. Arbitration Rules: Governing rules for the arbitration process (e.g., ICC, UNCITRAL, or bespoke rules)
6. Appointment of Arbitrators: Process for selecting arbitrators, including number of arbitrators and qualification requirements
7. Place and Language of Arbitration: Specification of the seat of arbitration and language to be used
8. Governing Law: Law governing both the arbitration agreement and the underlying dispute
9. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings
10. Costs: Allocation of arbitration costs and legal fees
11. Award: Form of award, timing, and enforcement provisions
12. Notices: Method and addresses for serving notices related to the arbitration
13. General Provisions: Standard contractual provisions including severability, entire agreement, and amendments
1. Emergency Relief: Procedures for seeking emergency relief before the arbitral tribunal is constituted
2. Multi-Party Provisions: Special provisions for arbitrations involving more than two parties
3. Expert Determination: Provisions for technical matters to be determined by experts
4. Mediation-First Requirement: Requirement to attempt mediation before proceeding to arbitration
5. Document Preservation: Specific requirements for maintaining and producing documents
6. Time Limits: Specific deadlines for various stages of the arbitration process
7. Appeals: Rights and procedures for appealing the arbitral award
8. Special Industry Provisions: Industry-specific requirements or procedures
1. Schedule A - Arbitration Rules: Detailed procedural rules for conducting the arbitration
2. Schedule B - Fee Schedule: Detailed breakdown of arbitration fees and costs
3. Schedule C - Arbitrator Qualifications: Specific requirements and qualifications for arbitrators
4. Schedule D - Notice Details: Complete contact information for serving notices
5. Appendix 1 - Model Forms: Standard forms for notices, appointments, and other procedural matters
6. Appendix 2 - Time Schedule: Detailed timeline for various stages of the arbitration process
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