Canada: Canadian-Based Arbitration Rules: One New Set And Another Newly Revised

Last Updated: March 13 2015
Article by Craig Chiasson

Most Read Contributor in Canada, September 2016

As of January 2015, Canadian parties seeking to submit potential or existing disputes with Canadian counterparties to arbitration (i.e., domestic disputes) have two new options, where previously their Canadian-based rules options were limited and largely outdated.

(Note: The below discussion relates to rules aimed at domestic arbitration in Canada. If a potential or existing dispute is international in nature, different considerations apply, including considering international institutional rules options like the rules of the ICC, LCIA, SCC, SIAC, HKIAC and others (most, if not all, of which could also be used for a domestic arbitration in Canada). In any event, advice of counsel experienced in arbitral practice and procedure should always be sought).

One option is the revised and updated Arbitration Rules of the ADR Institute of Canada (ADRIC), which came into force on 1 December 2014. ADRIC was established in 2000 through the merger of two founding organizations, each with its own set of arbitration rules from 1996. The original version of the unified ADRIC National Arbitration Rules was launched in 2002 with isolated amendments implemented in 2008. The 2014 revisions are substantial, taking into account current best practices in arbitration and the needs of arbitration users.

Another option is the new Canadian Arbitration Rules of the International Centre for Dispute Resolution (ICDR), which came into force on 1 January 2015. The ICDR is the international arm of the American Arbitration Association (AAA). At the same time the ICDR launched the Canadian Arbitration Rules, it also established "ICDR Canada" with a view to providing full administrative dispute resolution services and support in English and French for Canadian domestic disputes nationwide. Thus, while the ICDR itself is an American arbitration institution, ICDR Canada is a new Canadian-only initiative. The ICDR Canadian Arbitration Rules are a new set of rules, based almost entirely on the ICDR International Arbitration Rules.


The 2014 revisions to the ADRIC Arbitration Rules seek to limit a common, and unfortunate, tendency in domestic arbitration for parties, their counsel and sometimes arbitrators, to adopt arbitration procedures that resemble court-litigation procedures. Parties choosing arbitration under the ADRIC Arbitration Rules should expect an arbitral procedure in which the benefits of conferring jurisdiction of their dispute to arbitration over the courts may be realized, including a faster and more efficient resolution.

However, although the ADRIC Arbitration Rules provide the framework for realizing these benefits, and others, parties should select counsel versed in arbitral practice to ensure that their procedural expectations are met. Such counsel will in turn be able to apply that experience to the arbitrator selection process to avoid arbitrators that may be unfamiliar with, or unwilling to apply, arbitral procedure over procedure akin to the courts. One of the most significant changes to the ADRIC Arbitration Rules is with respect to document production: the 2014 revisions now adopts the more commonly accepted and applied test that a requested document must be relevant and material to the outcome of the dispute (replacing an outdated general relevance test which in recent years was even broader than the rules of court in a number of Canadian provinces). Other new important provisions include: (a) the parties' ability to opt out of ADRIC administration; (b) an interim arbitrator mechanism for emergency relief; (c) a prohibition on examinations for discovery absent a tribunal order; (d) expedited arbitration procedures; and (e) a list and strike arbitratorselection process.


The Canadian Arbitration Rules adopt almost wholesale the ICDR International Arbitration Rules. Thus, the Canadian Arbitration Rules contain an added element of international arbitral best practices – practices which have evolved over a number of decades in an effort to provide speedy, efficient and cost effective arbitration. They also have imbedded in them the benefit of the American Arbitration Association's vast experience in implementing and administering arbitration rules: the AAA was established in 1926. The Canadian Arbitration Rules, like the ICDR International Arbitration Rules provide, among other things:

  • Expedited procedures for claims less than $250,000, or on an opt-in basis;
  • Emergency arbitrator process for interim measures or other urgent relief;
  • Encouragement to mediate a dispute at any time during the arbitration proceeding;
  • Formal list method for selecting arbitrators;
  • Express power to arbitrators to protect the efficiency and integrity of the arbitral process; and
  • Recognition that oral and document discovery developed for domestic court procedures is "generally not appropriate" in arbitration.

The Canadian Arbitration Rules deviate from the ICDR International Arbitration Rules in the following ways:

  • 30 days to render an award versus a timeframe of 60 days;
  • No exclusion of punitive damages;
  • No limitation in the Rules respecting appeals; and
  • Recognition that oral and document discovery developed for domestic court procedures is "not necessarily appropriate" in arbitration, as opposed to "generally not appropriate".


Other Canadian-based options for rules for domestic arbitration exist in Canada, but the ADRIC Arbitration Rules and the ICDR Canadian Arbitration Rules are progressive options. They provide parties with a framework to realize the benefits of arbitration. Parties selecting either of these Rules, and appointing experienced arbitration counsel and arbitrators, are most likely to reap arbitration's benefits and avoid potential pitfalls.

About BLG

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.