Administrative fees

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.

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.

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 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. The fees for an arbitral award are $500.

2. ARBITRATOR’S FEES

2.1 Hourly rate: $165

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.