Industry Canada Arbitration Rules and Procedures — (Draft, May 23, 2008)

Please note that this is a draft document that is being provided to participants and other interested parties who request a copy in advance of the May 23rd Stakeholder Meeting for discussion purposes. Asterisk symbols (***) denote a point where input is especially being sought at the Stakeholder meeting, although submissions on any part of the draft rules and procedures will be accepted in writing in accordance with timelines established by Industry Canada.

Table of Contents

  1. Interpretation
  2. Scope of the Rules
  3. Appointing Committee
  4. Notice of Arbitration
  5. Appointment of Arbitral Tribunal
  6. Independence and Impartiality
  7. Notification to the Parties
  8. Communications with the Arbitral Tribunal
  9. Procedural Matters
  10. Privacy and Confidentiality of Arbitration
  11. The Award
  12. Amendments and Corrections to the Award
  13. The Costs of the Arbitration
  14. Arbitration Fees and Deposits for Arbitration
  15. Venue
  16. Translation and other Services
  17. Adjournment, Cancellation or Settlement
  18. Immunity
  19. Short Form Procedures
  20. Annex A

1. Interpretation

1.1 In these Rules, the following terms shall have the following meanings:

  1. "ADR Chambers" means the ADR services division of ADR Chambers Inc.
  2. "Antenna Site" is the physical site or premises of an existing antenna (which site is the subject of a request to enter into a Site Sharing Agreement) and includes rooftops, supporting structures and access to ancillary equipment and services.
  3. "Appointing Committee" means the Committee established under these Rules to exercise the powers of an appointing authority.
  4. "Arbitral Tribunal" means a sole arbitrator or a tribunal of arbitrators.
  5. "Arbitration Agreement" means an agreement between or among two or more Parties to submit to arbitration any dispute and includes agreements between the parties related to the procedures applicable to an arbitration under these Rules.
  6. "Arbitration Panel" means the roster of individual arbitrators who may be appointed to an Arbitral Tribunal established under these Rules.
  7. "Business Day" means a day between Monday and Friday inclusive, excluding weekends and statutory or official holidays in the place of arbitration.
  8. "Conditions of Licence" are conditions contained in the relevant authorizations issued by Industry Canada under the Radiocommunication Act as may be amended from time to time.
  9. "Co-ordinator" means the person or persons at ADR Chambers responsible for administration of arbitrations.
  10. "Final Offer Arbitration" means that the Arbitral Tribunal shall select the Final Term Sheet of one of the parties to the arbitration as defining the  terms of the agreement to be entered into between  the parties and shall not compromise, amend or vary the terms of any final Term Sheet of either of the parties in making its decision.  Final Offer Arbitration shall not preclude the Arbitral Tribunal from deciding any issue which is ancillary or incidental to the dispute and which does not form a term of the agreement to be entered into.
  11. "Industry Canada" means the Department of Industry and, where applicable, refers to the Minister of Industry and to successor Departments and Ministers that administer the Radiocommunication Act.
  12. "Law of the Arbitration" means the law the Parties have agreed to apply to the arbitration proceedings or, in the absence of such agreement, the law of the Province of Ontario applicable to arbitrations. ***
  13. "Licensee" refers to a radiocommunication carrier under the Radiocommunication Act authorized by Industry Canada and includes provisional licence winners who are high bidders in completed spectrum auctions.
  14. "Notice of Arbitration" means the notice referred to in Rule 4.1.
  15. "Party" or "Parties" means a Licensee or Licensees with a dispute to settle between themselves related to Antenna Site Sharing or Roaming.
  16. "Representative" means legal counsel for or an authorized representative of a Party.
  17. "Roaming" means the provision of automatic digital roaming services by way of Roaming Agreements on cellular, Personal Communications Services (PCS) and Advanced Wireless Services (AWS) networks in accordance with a Roaming Agreement between Licencees.
  18. "Roaming Agreement" is an agreement between two Parties governing the technical and business terms upon which one party will provide Roaming to the other Party.
  19. "Rules" refers to the version of these Rules in force at the time that the arbitration is commenced.
  20. "Short Form Procedures" are the set of procedures outlined at Section 19 of these Rules.
  21. "Site Sharing Agreement" is an agreement between two parties governing the technical and business terms upon which one party will allow the Requesting Party to use a portion of its antenna site and to have access to the site and use of ancillary equipment and services in order to operate the requesting Licensee's antenna.
  22. "Term Sheet" refers to a document outlining the specific and detailed terms and conditions upon which a Party would be willing to enter into a Roaming Agreement or SiteSharing Agreement.

1.2 Where appropriate in these Rules, words importing the singular shall include the plural and words importing the masculine gender shall include the feminine gender and vice versa.

1.3 Where reference is made to the Radiocommunication Act that reference shall include reference to any applicable provisions of the Radiocommunication Regulations and to any future applicable amendments of the Radiocommunication Act or to successor legislation.

1.4 In calculating time under the Rules:

  1. the first day of an event shall be excluded and the last day shall be included;
  2. the time for doing an act on a particular day shall expire at the close of business for that day, which shall be 5:00 p.m. local time of the place where the arbitration is held; and
  3. where the time calculated for an event falls on a holiday or weekend the time is extended to the next Business Day.

1.5 The failure to comply with the Rules is an irregularity and does not nullify an arbitration, step, document or award.

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2. Scope of the Rules

2.1 These rules apply to disputes between Parties in connection with concluding the terms of Site Sharing Agreement or Roaming Agreement other than disputes regarding technical feasibility.

2.2 The Rules and any procedures set out in an Arbitration Agreement shall be interpreted liberally with the object that the parties enter into a Roaming Agreement or Site Sharing Agreement in a manner that is as inexpensive and expeditious as reasonably possible, consistent with a process that is fair and suitable to the circumstances of the particular case. Any procedural question or controversy on which the Parties are not agreed may be resolved by the application of the discretion of the Arbitral Tribunal in conducting the arbitration, or of the Appointing Committee in the exercise of its functions.

2.3 When resolving disputes under these Rules, the Arbitral Tribunal can be guided by the principles that Roaming Arrangements should be offered at commercial rates that are reasonably comparable to rates currently charged to others for similar roaming services and that Site-Sharing Agreements, including access to ancillary equipment and services, will be offered at commercial rates that are reasonably comparable to rates currently charged to others for similar access. In deciding upon an award the Arbitral Tribunal may have regard to market forces and relevant economic data in Canada and may consider market information and relevant economic data in other countries in cases where a domestic market for services and equipment does not exist in Canada. ***

2.4 In cases where:

  1. the parties are in agreement that the Short Form Procedures should apply;
  2. where the subject matter in dispute relates to **** ; or
  3. where the Arbitral Tribunal decides that the arbitration is not likely to be complex;

    then the Short Form Procedures outlined in Rule 19 shall apply.

2.5 Any procedures or time period under these rules may be modified by the written consent of the parties or by the Arbitral Tribunal in its sole discretion.

2.6 The Law of the Arbitration shall apply to arbitration procedures conducted under these Rules. In the event that any provision of these Rules or the agreement of the Parties with respect to the conduct of the arbitration is in conflict with any provisions of the Law of the Arbitration from which the Parties cannot derogate, the provisions of the Law of the Arbitration shall prevail.

2.7 Where an Arbitral Tribunal consists of more than one arbitrator, the Parties may agree or the Arbitral Tribunal may decide, after hearing the submissions of the parties, to delegate the determination of some or all pre-hearing procedural matters to one member of the Arbitral Tribunal.

2.8 These Rules may be amended by Industry Canada from time to time.

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3. Appointing Committee

3.1 The Appointing Committee shall have the authority and functions specified in these Rules or incidental thereto. The functions of the Appointing Committee may be delegated by the Appointing Committee to one or more of its members.

3.2 The current members of the Appointing Committee and of the Arbitral Panel shall be listed on the website of ADR Chambers.

3.3 Members of the Appointing Committee are not eligible for appointment as arbitrators by the Appointing Committee but are eligible to be appointed as arbitrators by a Party or Parties or by any other method contemplated by the agreement of the parties or by these Rules.

3.4 A member of the Appointing Committee shall not be involved in the determination of any issue relating to an arbitration in which he or she has, may have or has had any interest.

3.5 The Parties may, in the discretion of the Appointing Committee, be charged for services provided by the Appointing Committee. Charges shall be based on the time spent on the matter by a single member of the Appointing Committee. No charge shall be made for any time spent by additional members of the Appointing Committee, unless the Parties by agreement specifically request their participation.

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4. Notice of Arbitration

4.1 The Party commencing arbitration shall deliver a Notice of Arbitration to the opposing Party and shall at the same time deliver a copy of the Notice to ADR Chambers. The Notice of Arbitration shall contain a statement of the nature of the dispute, the material facts relating to the proposed Site Sharing or Roaming Agreement, the positions being put forward, the issues being raised, any agreement with respect to the arbitral tribunal and the names and addresses of the Parties. Arbitration proceedings shall be deemed to commence on the day on which ADR Chambers receives the Notice of Arbitration and the appropriate filing fee.

4.2 A non-refundable filing fee of $500 plus applicable taxes is payable by the Party commencing the arbitration upon delivery to the Co-ordinator of the Notice of Arbitration.

4.3 For the purpose of facilitating the commencement of the arbitration or the establishment of the Arbitral Tribunal, the Co-ordinator or a member of the Appointing Committee may hold a telephone conference with the Parties or their Representatives to discuss the selection of arbitrators, whether any issues require action by the Appointing Committee, the timing of the proceedings, the desire to proceed with mediation, fees of the arbitrator or arbitrators to be appointed and any other matter of a preliminary or administrative nature.

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5. Appointment of Arbitral Tribunal

5.1 The Parties shall be at liberty to select any qualified arbitrator or tribunal from the Arbitral Panel. In the event that the Parties fail to agree on the appointment of an arbitrator or arbitrators within three (3) *** Business Days of the receipt of the notice of arbitration and the filing fee by ADR Chambers, the Appointing Committee shall appoint an arbitrator or arbitrators for them in accordance with this section.

5.2 Where a sole arbitrator is to be appointed and the Parties have not agreed upon the arbitrator, ADR Chambers shall provide the Parties with a list of three potential arbitrators. If the Parties are unable to agree on an arbitrator within seven (7) calendar *** days of receipt of the list, each side to the arbitration may within a further two (2) *** Business Days delete one name from the list and the Appointing Committee shall choose the arbitrator from the remaining names. In the discretion of the Appointing Committee, the list of potential arbitrators may include more than three names, for example if more than two parties are involved in the dispute.

5.3 Where a three-person tribunal is to be appointed, each Party may appoint one member of the Arbitral Tribunal from the Arbitration Panel. The Appointing Committee shall, where the Parties or the Party Appointed Arbitrators are unable to agree upon a presiding arbitrator from the Arbitration Panel, appoint the presiding arbitrator in consultation with the Party appointed arbitrators. The Appointing Committee shall follow the same procedure as set out in Rule 5.2 above.

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6. Independence and Impartiality

6.1 Unless otherwise agreed by the Parties, an arbitrator shall be and remain at all times wholly independent.

6.2 An arbitrator shall be and remain wholly impartial and shall not act as an advocate for any Party to the arbitration.

6.3 The Parties shall, prior to the appointment of any arbitrator, disclose to ADR Chambers and to the proposed arbitrators the names of all Parties and, to the extent known, all material witnesses who will be or are reasonably likely to be involved in the arbitration.

6.4 Every arbitrator shall, before accepting an appointment, sign and deliver to the Parties and the Co-ordinator a statement declaring that he or she knows of no circumstances likely to give rise to a reasonable apprehension of bias and that he or she will avoid and, if necessary disclose to the Parties any such circumstances arising after that time and before the arbitration is concluded. No arbitrator shall be disqualified or subject to challenge by reason of the arbitrator or any Representative of a Party being a member, officer or director of ADR Chambers.

6.5 The Appointing Committee shall decide any challenge or dispute with respect to the qualifications, independence or impartiality of an arbitrator. At the request of any Party, the Appointing Committee shall appoint a person not associated with ADR Chambers to make any determination that the Appointing Committee is authorized to make respecting one or more members of ADR Chambers.

6.6 Any arbitrator who is unable to serve or continue to serve due to disqualification, death or disability shall be replaced in the same manner as his or her original appointment, failing which the replacement arbitrator shall be appointed by the Appointing Committee.

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7. Notification to the Parties

Any notification or communication from ADR Chambers or the Arbitral Tribunal to a Party or its Representative may be delivered to its last known address by delivery, registered mail, courier, facsimile transmission, e-mail, or any other means of telecommunication that provides a record of the sending thereof. Such notification or communication shall be deemed to have been delivered on the date sent.

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8. Communications with the Arbitral Tribunal

No Party or person acting on behalf of a Party may communicate ex parte with the Arbitral Tribunal.

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9. Procedural Matters

9.1 The Arbitral Tribunal may convene a procedural hearing at any time it considers appropriate to resolve procedural issues and establish a timetable. A procedural hearing agenda may include points for discussion leading to identification and clarification of the issues in dispute. The questions may include:

  1. Are there any issues concerning the jurisdiction, appointment or qualifications of the Arbitral Tribunal?
  2. To what extent and pursuant to what procedure will there be any disclosure and production of facts and documents?
  3. Should time be scheduled for hearing of any questions with respect to pre-hearing disclosure?
  4. Is an oral hearing necessary? If so, how much time will be required? Where and when will the hearing be held?
  5. Should witnesses be identified and statements or Affidavits be delivered before the hearing?
  6. Should the Parties jointly prepare any issues briefs, documents, legal authorities or other briefs for use in the arbitration?
  7. What should be the procedure and likely length of the hearing?
  8. Will expert evidence be required? Are any special rules required?
  9. Are interpreters necessary?
  10. Should there be a timetable for delivery of written argument if required?

9.2  Within 5 Business Days of the appointment of the Arbitral Tribunal, each party shall submit a Term Sheet as well as a document briefly setting out its position and rationale with respect to the above noted matters and with respect to the issues in dispute.The respective Term Sheets and documents shall be served on the opposite party and along with proof of service filed with the Co-ordinator for furtherance to the Tribunal.

9.3 The Arbitral Tribunal shall schedule the First Procedural Hearing to take place within 15 calendar days of its appointment. At the First Procedural Hearing the Arbitral Tribunal may make any orders to deal with the questions relating to section 9.1 and the Arbitral Tribunal shall set a deposit for both parties to be applied as indicated in section 14 below. The deposit shall be payable within fifteen (15) calendar days of the date of the First Procedural Hearing

9.4 Procedural hearings will take place by conference telephone call unless otherwise agreed and parties may agree that an oral hearing of the arbitration may take place by conference telephone call.

9.5 The Arbitral Tribunal shall record any agreement or orders made at any procedural hearing and shall promptly send a copy of such record to each of the Parties.

9.6 The Arbitral Tribunal may dispense with an oral hearing if it determines, after hearing the submissions of the Parties, that oral evidence is not necessary given the issues in question or not warranted given the amount in dispute. In such a case the Arbitral Tribunal shall set timelines for the presentation of written evidence and submissions. The deadline for any final written evidence and submissions should be within thirty (30) *** calendar days of the First Procedural Hearing.

9.7 If an oral hearing is required, then following the First Procedural Hearing, the Arbitral Tribunal shall determine if further procedural hearings are required and set the dates for those procedural hearings, the timelines for any other procedural matters and the date for an oral Hearing for the arbitration which date should be within forty-five (45) *** calendar days of the First Procedural Hearing.

9.8 In the case where an oral hearing is required then, unless the Arbitral Tribunal so directs or unless the parties agree otherwise:

  1. Sworn statements of evidence shall be filed in advance of the hearing in lieu of examination-in-chief and witnesses shall be subject only to cross-examination and re-examination in accordance with timelines to be set following the First Procedural Hearing;
  2. The Oral Hearing shall be completed within three (3) days***; and
  3. No transcripts of the proceedings shall be required.

9.9 Upon the presentation of final written submissions or at the close of an oral hearing the Parties shall submit a final Term Sheet ("Final Term Sheet") for consideration by the Arbitral Tribunal.  In all cases the Arbitral Tribunal will determine its award by the method of Final Offer Arbitration and shall consider these Final Term Sheets to be the final offers under consideration for those purposes. ***

9.10 At any time during the arbitration process the Arbitral Tribunal may require any party to provide further evidence or submissions in such a manner as it determines. 

9.11 The Arbitral Tribunal may, at any time, seek independent advice on any matter in dispute from any person or review and take notice of facts and material related to relevant decisions made under these Rules provided that the parties shall have the opportunity to review the content of the advice or decisions and make submissions thereon.   

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10. Privacy and Confidentiality of Arbitration

10.1 Subject to Rule 10.2, all arbitrations held under these Rules are private and confidential. The Parties and their Representatives may attend at the arbitration. Other persons may only attend with the consent of the Parties or the Arbitral Tribunal.

10.2 No information concerning the existence of the arbitration or anything which occurs or is disclosed within the arbitration shall be disclosed or used outside of the arbitration proceedings or for any other purpose by a Party except:

  1. For the purpose of conducting the arbitration itself including, where necessary and appropriate, interviewing and preparing witnesses, obtaining document and other support services and the administration of the arbitration;
  2. In connection with an application to a court for interim relief or to set aside, recognize or enforce an award;
  3. Details of the final decision may be disclosed to Industry Canada in relation to a proceeding by Industry Canada to enforce Conditions of Licence under the Radiocommunication Act.
  4. Where a Party is required to do so by law or by a court or competent regulatory body; or
  5. Summaries or extracts from the final decision, excluding sensitive commercial information, will be published to assist future arbitral tribunals.

10.3 Where a Party makes disclosure as permitted by Rule 10.2 it shall only do so:

  1. by disclosing no more than what is legally required,
  2. by obtaining, where possible, an undertaking or order of confidentiality consistent with the Rules; and
  3. by furnishing to the Arbitral Tribunal (if the disclosure takes place during the arbitration) and to the other Party details of the disclosure and an explanation of the reason for it.
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11. The Award

11.1 The Arbitral Tribunal will render its award within fifteen (15) calendar days (***) of the close of the oral hearing or presentation of final written submissions and evidence, provided that the Arbitral Tribunal, for good reason, may extend that time after consultation with the Parties.

11.2 The award may not be released to the Parties until all outstanding charges of ADR Chambers for fees and disbursements relating to the arbitration and all arbitrator's fees and expenses have been paid.

11.3 The Arbitral Tribunal may issue an award based on the consent of the Parties.

11.4 The award shall set out: the nature of the issues in dispute; the final decision  regarding the Final Term Sheets relating to a Roaming or Site Sharing Agreement that was under dispute, any order or further direction with respect to costs and, the facts and the law as the Arbitral Tribunal deems necessary to explain its award. 

11.5 An award made under the provisions of these Rules shall be treated as a final award for the purposes of recognition and enforcement by a judicial authority and shall not be subject to any appeal to the courts or otherwise unless the Parties have otherwise agreed.

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12. Amendments and Corrections to the Award

Within ten (10) Business Days of an award being released, on the application of a Party or on its own initiative, the Arbitral Tribunal may amend an award to correct:

  1. a clerical or typographical error,
  2. an accidental error, slip, omission or similar mistake,
  3. an arithmetical error made in a computation, or
  4. an issue upon which the Arbitral Tribunal failed to adjudicate.
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13. The Costs of the Arbitration

13.1 The costs of the arbitration including legal fees, independent advisor fees and disbursements shall be fixed by the Arbitral Tribunal and allocated between the Parties in its award on the merits of the dispute or in a separate award after receiving further submissions from the Parties. The fees of the Arbitral Tribunal shall be stated separately for each arbitrator. 

13.2  The Arbitral Tribunal shall apply the principle that the costs of the arbitration will typically be apportioned equally and that parties shall each bear their own legal and other costs, but the Arbitral Tribunal  may vary this allocation at its discretion taking into account the subject matter in dispute, the outcome and the conduct of the parties prior to and during the arbitration.

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14. Arbitration Fees and Deposits for Arbitration

14.1 The Parties shall be jointly and severally responsible for the payment of all accounts rendered by ADR Chambers unless the Parties and ADR Chambers have otherwise agreed and have confirmed those arrangements in writing with ADR Chambers.

14.2 The fees and expenses of an arbitrator are subject to deduction of an administrative charge payable to ADR Chambers and agreed upon at the time of the appointment.

14.3 When the Arbitral Tribunal or the Co-ordinator requests a deposit of costs that deposit when received shall be paid to ADR Chambers. After the award has been made, ADR Chambers shall render an accounting to the Parties of the deposits received and return any unexpended balance to the Parties.

14.4 A deposit on account of fees, ADR Chambers' administrative fees, and applicable taxes will be required for each day reserved for the arbitration and the time estimated by the Arbitral Tribunal for preparation for the hearing and the writing of the award. The amount and timing of deposits will be communicated to the Parties by the Co-ordinator. The Appointing Committee shall determine any disputes regarding the amount or timing of deposits.

14.5 Arbitration hearing days are booked as full days with a minimum charge of eight hours per day plus preparation time.

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15. Venue

15.1 The Parties may agree to the nature of a hearing (written, by teleconference or oral hearing) and may agree to any venue where an oral hearing is required.   The venue may include the head office or other office of ADR Chambers or any other suitable location.   Failing the agreement of the parties to choose a venue, the Arbitral Tribunal may decide upon a venue.

15.2 Arbitration hearings held at the head office of ADR Chambers in Toronto are subject to a minimum venue charge of $450.00 (CDN) plus applicable taxes per day for the use of the facilities and that charge will increase according to the number of Parties and the size of the hearing room and necessary consulting rooms required. Faxes received during the hearing days and local telephone use and administrative assistance of ADR chambers are included. Outgoing faxes other than local and any courier costs will be charged at actual third party cost. If the arbitration is held at ADR Chambers in Toronto, there will be a catering charge for lunches or other meals and refreshments provided. If the arbitration is held at another venue, arranged for the Parties by ADR Chambers, then catering charges will be at third party cost.

15.3 If arbitrations are held at other than the head office of ADR Chambers in Toronto, the Parties may make their own arrangements and are responsible for any charges in connection therewith. If the Parties request that the Co-ordinator of ADR Chambers make such venue arrangements, then a separate administration fee of $ 150.00 will be charged. The Parties agree that the Co-ordinator is acting solely as an agent of the Parties who are jointly and severally liable to the third party venue provider for its charges. ADR Chambers will require a deposit in the appropriate amount to cover such venue arrangements. The final account of ADR Chambers will account for such deposit and may include additional charges of the third party venue provider.

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16 Translation and other Services

16.1 If other services or supplies are required at any venue (such as equipment rental or translation services) then the Parties will make their own arrangements or request the Co-ordinator of ADR Chambers to make arrangements for their provisions subject to an administration fee and on the same terms of payment as set out in the case of alternate venue charges in paragraph 15.3 above.

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17. Adjournment, Cancellation or Settlement

17.1 If an arbitration is adjourned, cancelled, or settled more than thirty calendar (30) days prior to the commencement of the arbitration, or any rescheduled date, the deposit shall be returned to the Party or Parties who made it, less the amount of any expenses that may have been incurred and any fees owing to the arbitrator or arbitrators for time incurred.

17.2 If an arbitration is adjourned, cancelled or settled within thirty calendar (30) days prior to the commencement of the arbitration, or any adjournment date, the deposit is subject to forfeiture in the discretion of ADR Chambers or the Arbitral Tribunal. A decision with respect to forfeiture shall not be made until the unused hearing dates have passed. The ability of ADR Chambers and members of the Arbitral Tribunal whose fees are secured by the deposit to rebook the dates will be a factor considered with respect to the forfeiture of some or all of the deposit.

17.3 Notification of any cancellation, request for adjournment or settlement, shall be made by telephone and also confirmed in writing by fax or e-mail to the attention of the Co-ordinator. Notification by voice-mail is not acceptable.

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18. Immunity

Neither ADR Chambers nor any member of the Arbitral Tribunal shall be liable to any Party or any counsel, officer, director, employee or witness for any Party for any act or omission in connection with any arbitration. The Parties shall jointly and severally indemnify and hold harmless ADR Chambers in respect of all such claims. The members of the Arbitral Tribunal and ADR Chambers shall have the same protections and immunities as a judge of the superior court of the province, territory or state of the place where the arbitration is held.

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19. Short Form Procedures

19.1 Where the Short Form Procedures apply, in accordance with section 2.4 above then, subject to agreement of the Parties or ruling of the arbitral tribunal, the above Rules shall apply subject to the following provisions:

  1. There shall only be one (1) arbitrator;
  2. The time period in Rule 5.2 shall be shortened to three (3) Business Days *** from seven calendar (7) days.
  3. If an oral hearing is required it shall be limited to one (1) *** day. The arbitrator will set time restrictions on the presentation of oral evidence and submissions for each party at the procedural hearing;
  4. The time periods with respect to Procedural hearings provided for in Rules 9.2 and 9.3 shall be three (3) Business Days and ten (10) calendar days respectively. ***
  5. omitted from original document.
  6. The time period within which to file written evidence and submissions in accordance with Rule 9.6 is shortened to fifteen 15 calendar days (***) or to schedule an oral hearing under Rule 9.7 is shortened to twenty-five calendar 25 days (***).
  7. The arbitrator shall render an award in accordance with Rule 11.1 within five (5) calendar days **** of the close of the oral hearing or presentation of final written submissions and evidence.
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Annex A

Possible Estimated Draft Timelines:
Event Short form Long form
Notice Served by Party -- --
Appointment of Tribunal where no agreement

3 days under 5.1 to obtain list from ADRC
7 days to consider list (or 4 short form)
2 days to delete names
1 day to pick arbitrator
2 days to complete picking panel
 10 days 15 days
First Procedural Hearing to be held
(Note parties to file material within 3 days in Short or 5 days in Long form)
10 days 15 days
Oral Hearing Set after Procedural Hearing 25 days 45 days
Written Hearing evidence to be filed 15 days 30 days
Hearing 1 day 3 days
Decision to be rendered 5 days 15 days
Written Hearing 41 days 78 days
Oral Hearing  51 days 93 days

Note that some of the time periods are calculated in the Rules using Business Days, which may lengthen the amount of calendar days, however, in a given arbitration the parties may be prepared to proceed with the next step prior to the expiry of a deadline to do so, which would shorten the amount of calendar days.

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