The arbitration rules (The General Commercial
Arbitration Rules) are amended as follows:
- The following definition is added to
Article 3 of Section II " Definitions " after the definition of "
Arbitration Agreement ":
3. In these rules:
" Expedited Arbitral proceedings ": means the
expedited arbitral proceedings under these rules, applicable in any
dispute involving a claim whose amount including the cross-demand
is equal to or less than $ 50,000, excluding interest and
arbitration expenses.
With shortened delays and time for hearings,
these proceedings enable the parties to settle their dispute within
a maximum period of two (2) months. The Centre and the arbitrator
have full discretion for referring the case to general arbitral
proceedings.
When the dispute does not involve a specific
sum of money or when the amount is undetermined, the parties must
mutually agree to resort to expedited arbitral
proceedings.
- A new Section XII entitled " Expedited
arbitral proceedings " is added following Article 66
XII - EXPEDITED ARBITRAL
PROCEEDINGS
67. All sections under general proceedings
that do not contradict this Division apply to expedited
proceedings. Nonetheless, the fifteen (15) day delay provided under
the general proceedings sections are reduced to three (3) days in
expedited proceedings.
68. A notice under expedited proceedings is
done by telephone from the Centre to a party, its mandatory or
authorized representative. The notice is deemed to be received on
the day of the communication. A notice by telephone is thereafter
confirmed in writing or by whatever rapid means allowing evidence
of its reception.
69. The plaintiff must include with his or
her request for arbitration the fees for opening the file. Such
fees are not refundable but are deductible from the plaintiff's
share of arbitration expenses. During the expedited proceedings,
the Centre may require special expenses such as those defined and
rated in the appended schedule. Arbitration expenses, with the
exclusion of special expenses, are divided equally between the
parties independently of the outcome of the award.
70. The dispute is submitted to an
arbitrator. Upon the expiry of the delay for responding to the
parties' notice of arbitration and cross-demand, the Centre
forwards to the parties a list of five certified arbitrators.
Within a period of three (3) days, the parties may object to the
appointment of two arbitrators by striking their names from the
list. The parties then return the list to the Centre. If the
parties fail to do the preceding, the Centre considers that there
has been no objection.
On the basis of this list, the Centre
appoints an arbitrator that it confirms with the parties. If it is
impossible to appoint an arbitrator on the basis of this list, the
Centre appoints an arbi-trator whose name is not on the
list.
71. The arbitrator sets the time and place
for the arbitration in agreement with the parties and informs the
Centre thereof, who in turn must notify the parties. In the event
of a disagreement, the Centre determines the conditions for the
hearing. The notice of hearing shall be transmitted at least three
(3) days prior to the holding of the hearing. Exceptionally, a
party may request only once that the arbitrator postpone the
hearing to a later date by paying consequent costs.
72. Subject to respect for adversarial
proceedings, the parties may by mutual agreement waive the making
of oral representations and present their allegations and
argumentation solely in writing. If the parties cannot agree upon
the conduct of written proceedings, the proceedings will be
oral.
73. At the beginning of the session, the
arbitrator verifies in particular the agreement of the parties
regarding:
a) the applicable rules of law and evidence
and whether the parties grant the arbitrator the powers of an
amiable compositeur;
b) the rules of procedure to be
followed;
c) whether or not it is necessary to visit
the premises or inspect the property;
d) the number of witnesses and experts that
will be heard and the equitable distribution of time during the
hearing.
In addition, the arbitrator may of his or her
own initiative or at the re-quest of one of the parties, settle any
matter that has not been raised or been the object of an agreement
between the parties.
It is also possible for the parties to
complete the presentation of their allegations, and to furnish, if
the arbitral tribunal consents thereto, any amendment or revision
of the arbitration notice, the answer to this notice, the
cross-demand and the answer to this claim.
Following these verifications, the arbitrator
decides if expedited proceedings still apply to this case on the
basis of the time provided for the hearing and/or if there has been
a change in the sum of money being challenged. If inapplicable, the
arbitrator refers the case to the general proceedings for the
future while remaining the competent arbitrator. The first session
then becomes the pre-hearing and the arbitrator transmits the
minutes thereof to the Centre.
To remain within the expedited proceedings,
the parties may reduce their claim or agree to a shorter period of
hearings.
74. The hearing of the dispute must take
place within a period of seven (7) hours in one and the same day.
If a longer period is needed for the hearing, supplemental expenses
shall be charged to the parties in accordance with the appended
schedule.
75. The arbitral tribunal makes its award in
writing, stating the reasons on which it is based and signing it, a
copy of which is deposited with the Centre within a maximum delay
of sixty (60) days from the time the Centre is seized with the
case, and at the latest three (3) days after the arbitral tribunal
has decided to end the hearings or after it has received documents
in the event of a waiver of hearings.
Expedited arbitral proceedings come into
force on February 3, 1994.