An Appointing Authority provides a mechanism for the expeditious and inexpensive appointment of an appropriate and qualified arbitrator(s) to determine a dispute. ADR Chambers acts as an Appointing Authority for the appointment of a single arbitrator, an arbitral tribunal, and an emergency arbitrator. ADR Chambers will act as Appointing Authority where designated by contract, by agreement of the parties, or by court order.
ADR Chambers will decide challenges regarding the independence and impartiality of an arbitrator, assist with the replacement of an arbitrator who is unable to continue, and resolve an objection to fees charged by an arbitral tribunal.
A model appointing authority clause is available here.
The appointing process will follow the procedure agreed-upon by the parties. In the absence of the parties’ agreement, ADR Chambers will determine the procedure[1].
A request that ADR Chambers exercise the powers of an Appointing Authority may be emailed to arbitration@adr.ca accompanied by:
- a copy of the clause, agreement, or other instrument establishing the designation of ADR Chambers as Appointing Authority;
- a copy of the notice of arbitration served upon the respondent and the date of service;
- copies of any lists of potential arbitrators exchanged by the parties; and
- payment of the non-refundable appointing authority fee of $1,130.00 ($1,000.00 plus HST).
[1] For example, ADR Chambers’ Appointing Committee may create a list of potential arbitrators and ask the parties to strike any unacceptable names and rank the remaining names preferentially.
