Canadian Commercial Arbitration Center (CCAC)

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Contents

[edit] General Information

  • Official name: Canadian Commercial Arbitration Center (CCAC)
  • Country: Canada
  • City: Montréal
  • Type of organization: Non-profit organization
  • Date of creation: -
  • Interests: Arbitration – Mediation - Conciliation
  • Fields of expertise: Commercial

[edit] Description

A non-profit organization, recognized leader for almost a quarter century in alternative dispute resolution services, acting as representative and independent manager of private, public and parapublic arbitration programs, which ensures, throughout the process, via the Centre’s Clerk Office, that procedural acts, proceedings and your choice of arbitrators, in view of costs and time, are proportionate to the nature and purpose of the claim and the level of complexity of the litigation.

Arbitration is getting more and more widespread. As a matter of fact, when it comes to a private or an international contract, arbitration proves almost ineluctable. This is due to the fact that the parties but reluctantly trust public or foreign courts. Besides, it is easier to obtain homologation of a decision from an arbitration court than from a foreign state court. This results from the New York Convention to which more than 130 countries adhere.

[edit] Conciliation or Mediation Clause

The Canadian Commercial Arbitration Centre offers the possibility of settling disputes amicably by means of conciliation or mediation. These Rules apply equally to conciliation and to mediation.

The Centre offers the services of independent and qualified professionals that it has certified, who work under its supervision and comply with these Rules.

Contracting parties may provide for mediation in their agreements. For instance, the Centre suggests the following clause:

« Any dispute which arises in the course of or following the performance of the present contract will be referred, prior to any other proceedings, to mediation under the auspices of the Canadian Commercial Arbitration Centre (CCAC) in accordance with its Conciliation and Mediation Rules in force at the time of the mediation and to which the parties declare they have adhered. »

The agreement may also specify the requisite qualities of the mediator, the language of mediation, the place of the meetings and any other subject of interest to the parties.

Parties who have not specified a mediation clause under the auspices of the Centre at the time they concluded their contract may nonetheless resort to this service by agreeing on the following clause once a disagreement has occurred: « The parties to this contract refer the dispute described hereafter to mediation under the auspices of the Canadian Commercial Arbitration Centre (CCAC) in accordance with its Conciliation and Mediation Rules. »

The parties may also amend most of the Rules to suit their individual needs. The Centre will provide them its technical support and know-how for reaching a satisfactory agreement.

In the absence of a mediation contract, the Centre may, at the request of a party, contacts the other party and invites it to consent to make an attempt to reach an amicable settlement under its auspices.

The chances are good that mediation will succeed and the dispute will be definitely settled by mutual agreement between the parties. Nonetheless, parties are well advised to provide that if mediation should fail, they then will resort to arbitration. In this instance, the following clause is suggested:

« Should the mediation provided under section... fail, the dispute referred to by this clause shall be definitively decided under the auspices of the Canadian Commercial Arbitration Centre (CCAC), through arbitration and excluding courts of law, in accordance with its Commercial Arbitration Rules in force at the time this contract is signed and to which the parties declare they have adhered. »

[edit] Arbitration Clause

The Canadian Commercial Arbitration Centre recommends that all parties wishing to make reference to arbitration by the Centre in their contracts use the following standard clause:

« Any dispute which arises in the course of or following the performance of the present contract will be definitively settled under the auspices of The Canadian Commercial Arbitration Centre, by means of arbitration and to the exclusion of courts of law, in accordance with its General Commercial Arbitration Rules in force at the time this contract is signed and to which the parties declare they have adhered. »

When a problem arises during the performance of a contract and resulting dispute risks losses of time and money, arbitration can provide just the right tool for settling it. This applies to commercial disagreements that may occur in all areas of economic activity.

Since commercial arbitration is conducted by specialists, takes place out of court, behind closed doors, and is wound up rapidly, this makes it possible to respect the confidentiality of the case and to obtain an economic and final decision that is immediately enforceable.

The General Commercial Arbitration Rules unite flexibility with efficiency and thereby enable parties to agree freely on the number of arbitrators, their identity, the extent of their assignment and procedures to be followed. The Centre only intervenes when there is some disagreement between the parties or in order to provide material assistance and ensure respect for the Rules or proper arbitral proceedings. Furthermore, parties that use the Centre's arbitration rules may also take advantage of its secretarial and consultant services.

[edit] Contact

Place du Canada 1010, de la Gauchetière Street West Suite 950 Montréal (Québec) H3B 2N2

Phone: (514) 448-5980

Fax: (514) 448-5948

Email: kpietrunti@paquinpelletier.ca

Official Website

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