CIVIL AND COMMERCIAL ARBITRATION

Process

Fees

Arbitration makes it possible to have a dispute ruled upon by a professional in the field of law, i.e., according to the usual rules of law and evidence, in a fast, efficient and binding manner. This form of resolution can prove advantageous in cases where judicial delays or an appeal  would render the resolution of the dispute pointless.

Arbitration also gives the parties involved the possibility of selecting the professional(s) who will serve as arbitrator(s). Consequently, they can opt for an arbitrator who is experienced in the legal field involved, or appoint a tribunal consisting of three arbitrators whose fields of professional competence are complementary (lawyer, engineer, adjustor, etc.).

However, the arbitration process remains more expensive than mediation. While it is more flexible and informal than a judicial process, the fact remains that it adheres to the main rules of procedure and due process.

 

Process

The parties involved may have already determined by contractual arbitration clause that any dispute is to be submitted to arbitration, to the exclusion of the courts. They may have also agreed to this once the conflict has arisen but before the institution of legal procedures.

The parties appoint one or three arbitrators of their choice, who quickly hold a preparatory conference to define the dispute, establish a schedule for the exchange of procedures and documents, and set the number of hearing days for the case.

Arbitration adapts to the needs of the case. In some instances, the parties will opt for a more informal and speedier arbitration. In others, they can proceed by examination and have stenographic notes taken during hearings, if the complexity of the case so requires.

The arbitrators handle the case in line with the rules of due process, the rights of the parties to present their evidence fully and completely, the need to respect the principle of contradictory evidence and to issue a decision based on the rules of law. In fact, it is not unusual to have to rule on objections during the hearings.

Finally, the arbitration tribunal issues a written arbitral award that summarizes the evidence and presents the rationale behind its decision.

 

Fees

Hourly rate based on amount involved in the dispute:

 

No cancellation or adjournment charges.

No charges for the use of the Mediation Sophilex Centre.