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Arbitration Policy - Template, Sample Form to Complete

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Create your Arbitration Policy for use in Canada. Answer a few plain-English questions and the document fills in automatically as you go - then download it in Word and PDF, ready to sign or share.

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Below you can preview the Arbitration Policy, complete it by answering a few plain-English questions, and download a ready-to-sign copy in Word and PDF - tailored for use in Canada.

What the Arbitration Policy includes

This template is organised into the following sections:

Frequently asked questions

What is a Arbitration Policy?

A Arbitration Policy is a ready-to-use legal template for Canada. You complete it by answering a few plain-English questions, then download the finished document in Word and PDF.

What does the Arbitration Policy cover?

The Arbitration Policy is organised into sections covering Article I – LEGAL RELATIONSHIP, Article II – AGREEMENT TO ARBITRATE, Article III – SEAT, PROCEDURE AND COSTS, Article IV – APPOINTMENT AND AUTHORITY OF THE ARBITRATOR, Article V – ARBITRAL AWARD, so the important points are captured in a clear, consistent structure.

What formats can I download?

You can download your completed Arbitration Policy as an editable Microsoft Word (.docx) file and as a PDF.

Can I edit the document later?

Yes - save it to your account and you can re-open, edit and re-download it at any time.

Is a Arbitration Policy legally binding?

Once it is properly completed and signed by everyone involved, a Arbitration Policy is generally legally binding in Canada, provided it meets the legal requirements that apply to this type of document.

What laws apply to a Arbitration Policy in Canada?

A Arbitration Policy should comply with the laws in force in Canada. This template is built around the provisions such situations commonly require, but the rules can vary by region and change over time, so check the current requirements for your case.

Do I need a lawyer to use a Arbitration Policy?

For most standard situations you can complete the Arbitration Policy yourself using the guided questionnaire. For high-value, unusual or high-risk matters, it is sensible to have a qualified lawyer review the finished document.

How do I sign the Arbitration Policy?

Download the completed Arbitration Policy as Word or PDF and sign it as required in Canada. Depending on the document this may involve a handwritten or electronic signature, and some documents also need witnesses.

Is the Arbitration Policy free?

You can preview the Arbitration Policy and fill it in for free. A one-time fee applies only when you download the finished, ready-to-sign document in Word and PDF.

How long does it take to complete a Arbitration Policy?

Most people finish the Arbitration Policy in just a few minutes by answering the plain-English questions. You can save your progress and come back to it at any time.

Prepared and reviewed by the LegalDocs team.

Document preview

ARBITRATION AGREEMENT

Province of Alberta

Effective Date: ________


This Arbitration Agreement (the "Agreement") is made and is effective as of ________, by and between the following parties:


PARTY A – ________, having a principal address at:

________

E-mail: ________


AND –


PARTY B – ________, having a principal address at:

________

E-mail: ________

The parties may be referred to individually as a "Party" and collectively as the "Parties".


RECITALS

WHEREAS the Parties have entered into, or are entering into, a legal relationship with one another, as more fully described below;

AND WHEREAS the Parties desire to resolve any dispute arising between them by way of final and binding arbitration, in accordance with the Arbitration Act, RSA 2000, c A-43, and the other applicable laws of the Province of ________, rather than through the courts;

NOW THEREFORE in consideration of the mutual covenants contained herein, and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the Parties agree as follows:


Article I – LEGAL RELATIONSHIP

§ 1.1   The Parties have entered into a legal relationship, the nature of which is as follows:

________.

§ 1.2   A written agreement evidencing this legal relationship is attached hereto and forms part of this Agreement. That agreement is entitled: ________ (the "Underlying Agreement").


Article II – AGREEMENT TO ARBITRATE

§ 2.1   Any dispute, controversy, claim or difference arising out of, relating to, or in connection with the Parties’ legal relationship or the Underlying Agreement, including any question regarding its existence, validity, interpretation, performance, breach or termination (a "Dispute"), shall be resolved in accordance with this Agreement.

§ 2.2   The Parties shall first attempt, in good faith, to resolve any Dispute through direct negotiation. If the Dispute is not resolved within ________ days of written notice of the Dispute being given by one Party to the other, the Dispute shall be referred to and finally resolved by binding arbitration under this Agreement.

§ 2.3   This Agreement constitutes a written arbitration agreement within the meaning of the Arbitration Act of the governing Province, and the Parties agree that arbitration shall be the sole and exclusive forum for the resolution of any Dispute, save and except for any matter that may not lawfully be submitted to arbitration.


Article III – SEAT, PROCEDURE AND COSTS

§ 3.1   The seat (legal place) of arbitration shall be the City of ________, in the Province of ________.

§ 3.2   The arbitration shall be conducted in the ________ language.

§ 3.3   Except as otherwise provided in this Agreement, the arbitration shall be conducted in accordance with the rules of ________ in effect at the commencement of the arbitration, and otherwise in accordance with the applicable Arbitration Act.

§ 3.4   Unless the Parties’ legal relationship is one of employment, each Party shall bear its own costs and fees in respect of the arbitration and shall share equally the fees and expenses of the arbitrator. Where the relationship is one of employment, the employer shall bear the fees and expenses of the arbitrator. The arbitrator shall have authority to award costs as between the Parties in accordance with the applicable Arbitration Act.

§ 3.5   The arbitrator shall use reasonable efforts to render a final award no later than ________ days after the date the arbitrator is appointed, subject to any extension agreed by the Parties or ordered by the arbitrator for just cause.

§ 3.6   The arbitration and all matters relating to it shall be kept confidential by the Parties, save as may be required by law or to enforce or challenge any award.


Article IV – APPOINTMENT AND AUTHORITY OF THE ARBITRATOR

§ 4.1   The arbitration shall be conducted by a single arbitrator agreed upon by the Parties. If the Parties are unable to agree upon an arbitrator within ________ days after a Dispute is referred to arbitration, the arbitrator shall be appointed by ________ or, failing such appointment, by the court having jurisdiction under the applicable Arbitration Act.

§ 4.2   The arbitrator shall be and remain independent and impartial and shall disclose any circumstances likely to give rise to justifiable doubts as to his or her independence or impartiality.

§ 4.3   The arbitrator shall have no authority to add or join parties, to amend or vary the terms of the Underlying Agreement, to award punitive or exemplary damages, or to certify or conduct a class or representative proceeding.

§ 4.4   The arbitrator shall decide the Dispute in accordance with the substantive laws specified in Article VI.


Article V – ARBITRAL AWARD

§ 5.1   The award of the arbitrator shall be final and binding upon the Parties, and the Parties waive any right of appeal to the extent permitted by the applicable Arbitration Act.

§ 5.2   Judgment upon the award may be entered in, and enforced by, any court of competent jurisdiction.


Article VI – GOVERNING LAW

§ 6.1   This Agreement and the arbitration conducted hereunder shall be governed by, construed and enforced in accordance with the laws of the Province of ________ and the federal laws of Canada applicable therein, without regard to any conflict of laws principles.


Article VII – GENERAL PROVISIONS

§ 7.1   Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.

§ 7.3   Amendment. No amendment or modification of this Agreement shall be valid unless made in writing and signed by both Parties.

§ 7.4   Survival. This Agreement shall survive the termination, expiry or rescission of the Underlying Agreement.

§ 7.5   Enurement. This Agreement shall enure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, successors and permitted assigns.

EXECUTION


IN WITNESS WHEREOF the Parties have executed this Agreement as of the Effective Date first written above.


PARTY A

Name: ________

Signature:_____________________________________

Date: ________


Witness Name: ________

Witness Signature:_____________________________________


PARTY B

Name: ________

Signature:_____________________________________

Date: ________


Witness Name: ________

Witness Signature:_____________________________________

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Fields you complete are inserted into the document live. This template is general guidance only - not legal advice.