While there are different types of arbitrations, commercial arbitration pursuant to a contract usually begins with one party giving another party notice that they wish to arbitrate. Contract provisions are referenced along with the general nature of the claim or the issues to be arbitrated.
Matters involving commercial, residential, industrial and agricultural disputes are complex and require the arbitrator to frame the main questions with all the sub-questions addressed in the Award. Generally speaking, arbitration helps address relevant questions and then relevant evidence (fact finding) is applied to each question to produce a well-reasoned, balanced and fair decision.
The arbitrator is often asked to find the meaning of words. This is complex and is approached through the modern method of interpretation of legislation and contracts.
The process of arbitration includes a number of initial formalities to correctly identify parties, jurisdiction, applicable statues, rules (ADRIC Arbitration Rules), as well as to ensure that proper pre-hearing arrangements and administrative matters have been completed.
The process ensures all issues are clearly, correctly and completely identified, along with the positions of the parties relative to each issue – parties feel heard.
The Award distinguishes evidence and arguments and allows the reader to understand what happened. The reasons for the decision are consistent with the facts and arguments presented. Parties understand the decision, the remedies and the duties of each party.
Selecting an arbitrator is an important part of the process.
Darrell Thorvaldson Q.Arb is a member in good standing with the ADR Institute of Canada (ADRIC) and the Regional Affiliate ADR Institute of Manitoba (ADRIM).
Darrell is a Qualified Arbitrator and received his designation in 2021. Since 1988, he has served Manitoba’s wide ranging business communities in public and private sector capacities. Since 1988, he has served Manitoba’s wide ranging business communities in public and private sector capacities.
He has experience in commercial, industrial & multi-family real estate matters, leasing agreements, manufacturing assets, agricultural sectors, transportation & warehousing services, the scientific community, finance & insurance, construction and administration.
Darrell is available to discuss your need to appoint a commercial arbitrator. He can be reached at 204 338 1454 or email at firstname.lastname@example.org