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Arbitration Submission Agreement Template for Canada

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Key Requirements PROMPT example:

Arbitration Submission Agreement

I need an Arbitration Submission Agreement for a construction dispute between my company and a subcontractor in Ontario, with provisions for three arbitrators and virtual hearings, to be completed before March 2025.

Document background
The Arbitration Submission Agreement is a critical document used when parties with an existing dispute agree to resolve their differences through arbitration rather than litigation. This type of agreement is particularly relevant in the Canadian legal context, where both federal and provincial arbitration laws may apply depending on the nature of the dispute. The document must comply with the Commercial Arbitration Act for international disputes and relevant provincial arbitration legislation for domestic matters. An Arbitration Submission Agreement typically includes detailed provisions about the dispute's scope, arbitration procedures, arbitrator selection, applicable laws, and confidentiality requirements. It differs from an arbitration clause in a contract as it is created after a dispute has arisen and can be more specifically tailored to address the particular circumstances of the existing dispute.
Suggested Sections

1. Parties: Identification of all parties to the arbitration agreement, including full legal names and addresses

2. Background: Context of the dispute and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Agreement to Arbitrate: Express agreement to submit the specified dispute to binding arbitration

5. Scope of Arbitration: Detailed description of matters to be submitted to arbitration

6. Appointment of Arbitrators: Process for selecting arbitrator(s) and number of arbitrators

7. Place of Arbitration: Specification of the seat of arbitration and venue for hearings

8. Language of Arbitration: Specified language(s) for the arbitration proceedings

9. Governing Law: Law governing both the arbitration agreement and the substantive dispute

10. Arbitration Rules: Rules governing the arbitration procedure

11. Costs: Allocation of arbitration costs and legal fees

12. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings

13. Execution: Signature blocks and execution details

Optional Sections

1. Interim Measures: Provisions for emergency relief or interim measures, used when parties anticipate need for urgent relief

2. Document Disclosure: Specific rules for document production and exchange, used in complex disputes

3. Expert Evidence: Provisions regarding appointment and use of experts, relevant for technical disputes

4. Time Limits: Specific deadlines for various stages of arbitration, used when expedited process is desired

5. Appeals: Rights and procedures for appealing the award, if parties wish to preserve appeal rights

6. Multi-party Provisions: Special provisions for cases involving more than two parties

7. Settlement and Mediation: Provisions for attempted settlement or mediation before or during arbitration

8. Technology and Virtual Hearings: Provisions for use of technology and virtual proceedings, relevant for remote arbitrations

Suggested Schedules

1. Schedule A - Dispute Description: Detailed description of the dispute including relevant facts and claims

2. Schedule B - Arbitration Rules: Copy or reference to specific arbitration rules being adopted

3. Schedule C - Arbitrator Qualifications: Required qualifications and experience for arbitrators

4. Schedule D - Procedural Timeline: Detailed timeline for the arbitration proceedings

5. Schedule E - Document Production Protocol: Agreed procedures for document disclosure and production

6. Appendix 1 - Key Documents: Copies of essential documents relevant to the dispute

7. Appendix 2 - Prior Correspondence: Relevant correspondence between parties regarding the dispute

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions































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Relevant Industries

Manufacturing

Construction

Financial Services

Technology

Energy and Resources

Professional Services

Real Estate

Healthcare

Retail

Transportation and Logistics

Mining

Agriculture

Telecommunications

Media and Entertainment

Relevant Teams

Legal

Compliance

Executive Leadership

Risk Management

Commercial Operations

Project Management

Business Development

Corporate Affairs

Contract Administration

Legal Operations

Relevant Roles

General Counsel

Legal Director

Corporate Lawyer

Compliance Officer

Chief Executive Officer

Chief Operating Officer

Contract Manager

Risk Manager

Business Development Director

Project Manager

Commercial Director

Legal Operations Manager

Dispute Resolution Specialist

Corporate Secretary

Chief Legal Officer

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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