How do I find an arbitrator for my case?
Arbitration is a private dispute resolution process recognized under Québec law, primarily governed by the Code of Civil Procedure. Unlike a judge, an arbitrator is selected by the parties to decide their dispute outside the court system. Choosing the right arbitrator is an important step, as the arbitrator will have authority to hear the evidence, apply the law, and render a binding decision called an arbitral award.
The first place to look for an arbitrator is the arbitration clause contained in the contract between the parties. Many contracts include provisions specifying how an arbitrator must be appointed. For example, the clause may designate a specific arbitration institution, such as the Canadian Commercial Arbitration Centre, or provide that each party appoints one arbitrator who then selects a third. In Québec, courts generally respect these contractual mechanisms as long as they comply with the rules set out in the Code of Civil Procedure.
If the contract does not specify a method of appointment, the parties may mutually agree on a qualified arbitrator. Arbitrators are often lawyers, retired judges, professors, or professionals with expertise in the subject matter of the dispute. Québec arbitration institutions and professional organizations frequently maintain lists of accredited arbitrators. Choosing someone with experience in the relevant field can help ensure the process is efficient and fair.
When the parties cannot agree on the appointment of an arbitrator, the Code of Civil Procedure provides a solution. A party may apply to the court to have an arbitrator appointed. The court’s role in this context is limited: it does not decide the merits of the dispute but simply ensures that the arbitration process can proceed by appointing a neutral and independent arbitrator.
Finally, it is important to verify that the arbitrator is impartial and independent. Québec law requires arbitrators to disclose any circumstances that could raise doubts about their neutrality. If a potential conflict of interest exists, the parties may challenge the appointment. Ensuring transparency at the outset helps protect the integrity of the arbitration process and the enforceability of the arbitral award.
This text is provided for legal information purposes only. If you have a specific question regarding your personal situation, please contact a lawyer.
Allen Madelin Avocats offers arbitration both in person and via videoconference. For more information, please contact us by telephone: 1 514 904 4017 or by e-mail: [email protected].
