IN THE MATTER OF an ______________________ Agreement
between the parties to this Arbitration,
which Agreement is dated ______________________;
AND IN THE MATTER OF the Arbitration Act, 1991 (Ontario);
AND IN THE MATTER OF the Judgment of the Honourable _____________________,
dated the _____ day of _________, 20, made at Toronto in an Application to the
Ontario Superior Court of Justice, bearing Court File No. CV ________________;
ARBITRATOR'S UNDERTAKING & TERMS
||AAAA, by its counsel, ______________________;
||BBBB, by its counsel, ______________________;
I accept the appointment to act as Arbitrator in this manner on the following terms:
- I am empowered to undertake all necessary and proper services as Arbitrator, including all consultation, organization and administrative activities with respect to the arbitral process, reviewing the parties' Statements, considering and making such directions as may be necessary prior to the Arbitration Hearing, convening and conducting the Hearing, reviewing all evidence and considering all submissions and any authorities that may be relied upon in argument, preparation of the Award and service of same, reviewing submissions as to costs and interest, preparation of the Supplementary Award and service of same, and generally including all services in furtherance of the Arbitration Agreement between the Parties;
- My fees for services as Arbitrator will be charged on an hourly basis, at the rate of _________ per hour, plus H.S.T.;
- Each of the parties shall provide a retainer to be held by me as security for payment of my fees, disbursements and H.S.T. The said retainers shall be in the sum of _________ each, and shall be paid by the close of business on ______ day, ___________, 20_____. I may direct that the parties refresh these retainers from time to time as the Arbitration moves forward;
- The parties are liable on a joint and several basis for payment of my fees, plus my reasonable disbursements incurred, and the H.S.T. payable upon both, all as may be billed and billable from time to time;
- Should a party fail or refuse to pay its share of an account for my fees, and/or disbursements, and H.S.T., or a retainer, I may require and accept payment of the defaulting party's share from the other party, and may make such direction as to reimbursement of that payment to the paying party by the defaulting party as I may consider proper;
- I may withhold my Award and/or any Supplementary Award(s) until all outstanding fees, disbursements, H.S.T. and retainers owing to me have been paid.
- I have no premises of my own to make available for the arbitration session or any hearing or meeting related to it, and I do not get involved in making such arrangements - this is left to counsel. If counsel cannot agree upon such arrangements, I will decide the issue after hearing their submissions, after which they will cooperate in contracting for premises in accordance with my order, including signing any necessary contracts, and directing the provider of the premises that all billings are to be directed to them, as I am not a party to the arrangements and the expense of such arrangements is for them, alone.
- During the Arbitration Hearing, I am to be provided with the use of a separate room to which I may withdraw during breaks and meal-times in order to relax, review the case and study. This room is to be reserved exclusively for my use throughout the Hearing; and
- The personal notes and the file I will prepare before, during and after the Arbitration Hearing are and shall remain my personal property, even though some or all of those materials may be considered to be part of the Record of the proceeding. Neither party shall request that I produce my notes or file, whether or not there is a Court reporter present at the Hearing;
Now therefore, I undertake to the Parties as follows -
Conflict of Interest: At the time of making this Undertaking, I know of no circumstances that raise any possible conflict of interest or any reason why I should not act as Arbitrator herein. If any such circumstance or reason should become apparent during the course of these proceedings, I shall disclose same to the Parties and their Counsel immediately upon discovering it, and abide by their decision as to whether or not I may properly continue to act;
Confidentiality: I will keep and treat as confidential all communications, meetings, documents disclosed or produced in the proceeding, party and non-party witness evidence disclosed both before and during the Hearing, all aspects of the Hearing itself and all directions, Orders, Awards and Supplementary Awards, except for disclosure to a professional advisor such as a lawyer or accountant, or to an insurer or an auditor, and then only to the extent necessary to obtain advice or to meet obligations for provision of pertinent information to such a party, or except as I may be ordered to disclose by a Court;
Retainers: I will hold retainers paid to me on account of my fees for services, disbursements and H.S.T., for application to those items, only. From time to time, I will render itemized bills for my services as Arbitrator and the disbursements I may incur in that capacity, together with H.S.T., and I will account for all retainers received, both as to monies applied in payment or reduction of such billings, and as to monies I may continue to hold as security, if any; and
Undertaking to Serve: I appreciate the trust reposed in me by the Parties in consenting to my appointment as their Arbitrator in this matter. I undertake to administer and conduct the Hearing and all other proceedings involved in this Arbitration neutrally and impartially, mindful of my obligations under the Arbitration Act, 1991 (Ontario), the Arbitration Agreement made between the Parties and the principles of natural justice.
Dated at Toronto this _____ day of __________________, 20____.
Jane C. Demaray