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Commercial arbitration regulations

Under the General and International Arbitration Regulations, a $1,000.00 cheque must be included with the notice of arbitration submitted to the Centre. Said amount is not refundable but is deductible from the total amount of arbitration expenses.

Administrative Fees of the Center: No charge for services related to the opening of the file and associated services, particularly those relating to the study, the evaluation and the material organization of the file, including the preliminary discussions with the parties concerning the choice(s) of arbitrator(s), as well as registry, filing and treasury services.

Arbitrators’ fees: The arbitrator(s) fees are established on an hourly basis and before the first hour.

Fees for the postponement of the hearing

The arbitrator(s) fees are established on an hourly basis and before the first hour.

The applicable fees for a postponement or failure to proceed on a specific hearing date are as follows:

  1. If more than thirty (30) days prior to the scheduled date, the fees amount to two (2) hours per day of scheduled hearing at the stated hourly rate of the arbitrator(s) before the first hour.
  2. If less than thirty (30) days prior to the scheduled date, the fees amount to four (4) hours per day of scheduled hearing at the stated hourly rate of the arbitrator(s) before the first hour.
  3. If less than ten (10) days prior to the scheduled date, the fees amount to six (6) hours per day of scheduled hearing at the stated hourly rate of the arbitrator(s) before the first hour.

Expedited arbitral proceedings (Claim of $50,000 or less being heard in less that one (1) hearing day)

1. The centre's administrative fees

$600.00 including $200.00 for opening the file. This amount is payable by the plaintiff and must be included with the notice of arbitration; it is not refundable but deductible from the plaintiff's share of arbitration expenses (Section 69 of the General Commercial Arbitration Rules).

2. Arbitrator's fees

$900.00 to $2,000.00 excluding travel and subsistence allowances.

3. Related fees (when applicable)

Facilities rental, fax charges, postal costs, etc.

4. Special fees

Postponement of hearing

This fee is payable by the party who, after having agreed to proceed at a given date, asks to postpone the hearing.

The fees amount to three (3) hours at the stated hourly rate of the arbitrator(s) before the first hour.

Fee for extending the hearing or referring the case to the Centre's General Arbitration Rules

This fee is payable to the Centre prior to a supplementary hearing day. It does not include the fees incurred for facilities rental nor the arbitrator's fees.

The fee amounts to $275.00 per party.

5. Sharing of arbitration costs

In equal shares, between the parties (Section 69 of the General Commercial Arbitration Rules), excluding special fees.

Specialized arbitration procedure for disputes arising between the members of IIROC and their clients September 20, 2010

1. THE CENTRE'S ADMINISTRATIVE FFES

$450.00* of which $200.00 represents the fees to open a file, non refundable, payable by the plaintiff when the arbitration file is transmitted, and deductible from his share of the fees (Section 17 of the Specialized Procedure).

For a dispute relating to a claim for an amount equal or less than $3,000.00, including the cross-claim but excluding interest and arbitration fees:

2. ARBITRATOR'S FEES

An hourly rate of $350.00 is applicable for every hour the arbitrator spent on file.

The travel and living expenses of an arbitrator are not included.

3. THE CENTRE'S RELATED FEES

The costs for rental of a courtroom are $150.00 based on a hearing duration of four hours. If additional time is necessary, additional rent shall be requested according to the additional time required. The costs for faxes, messenger services and long-distance calls are not included.

4. SPECIAL FEES

Fees for the postponement of the hearing

These fees are payable by the party who, after having given its consent to proceed at a specified date, requests that a new date be set for the hearing.

The fees amount to three (3) hours at the stated hourly rate of the arbitrator(s) before the first hour.

Fees to extend the hearing period or to return the file to the Centre's general arbitration procedure

These fees are payable to the Centre before one day of supplementary hearing is held.

They do not include the other expenses incurred for the rental of a courtroom and the arbitrator's fees.

The fees are $150.00 per party.

5. DISTRIBUTION OF THE ARBITRATION COSTS

In equal shares between the parties (Section 18 Specialized Procedure) unless a contrary decision is taken by the arbitrator. The special fees are payable by the party responsible for them.

Fee Schedule pursuant to the Regulation respecting the Guarantee for New Residential Buildings The fee schedule for arbitration under the Regulation respecting the guarantee plan for new residential buildings was adopted by the Régie du bâtiment du Québec on March 1st, 2006.

Reminder of Section 123 of the Regulation:

“Arbitration fees are shared equally between the manager and the contractor where the latter is the plaintiff.
Where the plaintiff is the beneficiary, those fees are charged to the manager, unless the beneficiary fails to obtain a favorable decision on any of the elements of his claim, in which case the arbitrator shall split the costs.”

1. CENTRE’S FEES

Fees of $450 are claimed from the manager for the management of each file. Disbursements and other related fees are in addition (i.e. room rental, photocopies, messenger service, facsimile transmissions). In case of withdrawal of the request for arbitration, if the withdrawal, at the request of the parties, is not embodied in an arbitral award, the costs are limited to $150.00.

2. ARBITRATOR’S FEES
2.1 Hourly rate: $140
2.2 Accounting of fees

Subject to the maximum amounts provided in section 2.3:

2.2.1 The arbitrator is entitled to fees at the rate set by section 2.1 for each hour of actual preparation made for the pre-trial conference with the parties, the hearing, deliberation and the drafting of a decision;

2.2.2 For each day of hearing, the arbitrator is entitled to a minimum remuneration equivalent to 3 hours of fees at the rate established by section 2.1;

By way of indemnity in case of postponement or withdrawal of the request for arbitration (with or without settlement), less than 30 days before the date of the hearing, the arbitrator is entitled to three (3) hours of fees at the rate established by section 2.1.

2.3 The maximum fees authorized pursuant to sections 2.1 and 2.2 are the least of the following three amounts:

  • Fees, at the hourly rate fixed at section 2.1, according to the real hours accomplished for the activities mentioned at section 2.2. These fees apply even if the decision simply records an agreement or a withdrawal;
  • Maximum estimated according to the amount of the claim and the following categories:
  • Fees, at the rate set by section 2.1 for each hour of actual preparation made for the pre-trial conference with the parties, the hearing, advisement and the drafting of a decision;
Estimated Value of Claim Maximum authorized fees for arbitrator
$1 to $7,000 $2,200
$7,001 to $15,000 $3,300
$15,001 to $30,000 $5,500
$30,001 to $60,000 $6,600
More than $60,000 No estimate
Contractor’s membership No estimate
3. OTHER ADMISSIBLE FEES

The arbitrator is entitled to the reimbursement of fees incurred for the rental of room for the hearing and to other related fees (i.e. photocopies, messenger service, facsimile transmissions, etc.).

4. TRAVEL AND SUBSISTENCE
  • No allocation or travelling costs for distances that are less than a radius of 80 km from business address;
  • Travelling costs : Guidelines of the Conseil du Trésor applicables pour les frais de déplacement et de séjour (C.T. 194603 du 30 mars 2000 et ses modifications relativement aux frais de déplacement des personnes engagées à honoraires par le gouvernement du Québec).
  • Allocation: for distances over and above a radius of more than 80 km of business address, the travel time is remunerated at an hourly rate of $90.00 for the arbitrators.
5. CASES OF RECUSATION

The Centre may not claim administrative fees or arbitrator’s fees in the event the arbitrator is recused. However, if the recusation is invoked and known late, the fees incurred are shared by the arbitrator.

Lorsqu’il n’y a pas récusation de l’arbitre, les frais et honoraires engendrés par l’examen de la demande de récusation suivent le fond et sont partagés lors de la décision rendue sur le fond.

6. INFORMATION FOR PARTIES

The parties are duly informed, at the time of the arbitration request, of all fees, disbursements and allocations pertaining to the request (including those regarding travelling costs, provisions for costs and, if the case may be, the withdrawal of the recourse and the case of recusation), as well as the sections of the By-Law pertaining to the partition of the costs.

7. PROVISION FOR COSTS

The following rules apply when the Centre requests a provision for the payment of the fees and disbursements of the arbitrator:

  • The provision cannot exceed the estimates provided for in the above-mentioned pricing grid;
  • If the Plaintiff is the contractor, the provision is payable in equal shares between the contractor and the manager;
  • The sums are kept in a trust account;
  • Following a decision, the sums remitted over and above are reimbursed;
  • In any case, the Centre cannot hold back the decision.
8. NOTE FROM THE CENTRE
  • If the Plaintiff is the beneficiary: no provision for costs is requested;
  • If the Plaintiff is the contractor: they transmit to the Centre, at the same time as their arbitration request, the estimated value of its claim. This estimate is not binding on the Centre or the arbitrator.

Arbitration rates within the framework of the National Agreement between the Minister of Health and Social Services and the Association des Ressources Intermédiaires d’Hébergement du Québec (ARIHQ) $1,000.00 to $10,000,000.00

Hourly rate for pre-hearing conference (commercial arbitration), hearing, advisement and drafting of the award(s): $ 335.

Minimum remuneration for a day or part of a day of hearing:

  • 4 hours at stated hourly if a half day hearing is scheduled;
  • 7 hours at the stated hourly rate if a full day is scheduled;
  • 4 hours at the stated hourly rate if the hearing is scheduled in the evening.

Initial administration fees: $ 450 in all files.

Indemnity in the event of withdrawal, full settlement or postponement before the date of a scheduled hearing:

  • No fees if more than 90 days before the date of the hearing;
  • 1 hour per day of scheduled hearing at the stated hourly rate plus any inherent costs from 61 to 90 days prior to the hearing date;
  • 2 hours per day of scheduled hearing at the stated hourly rate plus any inherent costs 31 to 60 days prior to the hearing date;
  • 4 hours per day of scheduled hearing at the stated hourly rate plus any inherent costs 11 to 30 days prior to the hearing date;
  • 6 hours per day of scheduled hearing at the stated hourly rate plus any inherent costs if 10 days or less before the date of the hearing.

Travel allowance: $ 100 per hour if traveling outside an 80 km office radius of the offices and/or outside normal working hours.

Meals, accommodation, and travel expenses: actual costs (pre-approved) & car allowance at: $ 0.70 / km.