Nouvelles règles d’arbitrage au Canada

The ADR Institute of Canada, Inc. (ADRIC) today released the new version of its industry-leading Arbitration Rules. Many modern commercial disputes are resolved not by courts but by private arbitration. Effective arbitrations are conducted under rules that establish clear, modern, and common-sense procedures. Since their launch in 2002, the ADRIC Arbitration Rules have become the leading choice for Canadian businesses and others to govern their arbitrations. The new ADRIC Arbitration Rules offer important improvements that will only expand their popularity even further. They are now available for review, in both official languages, on ADRIC’s website: www.adrcanada.ca.

“The ADRIC Arbitration Rules are a flagship product of our organization, and we are proud that the Canadian business community has embraced them with such enthusiasm,” commented Scott Siemens, the President of ADRIC. “We listened closely to users and have worked hard to ensure that the ADRIC Arbitration Rules continue to be the obvious choice for Canadian business. The new Rules preserve the best of the old and add many new enhancements. Interim arbitrators are now available for emergency measures of protection. Document production has been simplified and streamlined. The new Rules anticipate the use of current technology. Above all, they emphasize party autonomy and the right of users to determine how their disputes should be resolved.”

The new ADRIC Arbitration Rules continue to offer the option of having ADRIC administer the parties’ arbitration for them. Under this option, ADRIC supports the parties by attending to many of the logistics involved in running an arbitration. For example, in an administered proceeding the parties might ask ADRIC to nominate or appoint a qualified arbitrator from its roster of experienced professionals and monitor the arbitration from beginning to end. The fees for this service are modest and the parties continue to control their proceeding.

Siemens added that while the new ADRIC Arbitration Rules are tailor-made for the resolution of complex business disputes, they are equally suitable for other matters. “The new Rules recognize that many disputes do not involve millions of dollars or armies of lawyers. From cover to cover, the new Rules use plain English and strive for clarity rather than legalese. For more straightforward disputes, a simplified procedure continues to be available.”

“This is the first major revision to the ADRIC Arbitration Rules in six years. If your arbitration agreements already adopt the ADRIC Arbitration Rules, the new Rules enhance your ability to pursue a just, speedy, and cost-effective determination of your disputes. If your arbitration agreements have not adopted the ADRIC Arbitration Rules, now is the time,” he added.