TYPICAL AGREEMENT TO ARBITRATE
We, the undersigned parties, hereby agree to submit to final and binding arbitration under the arbitration rules of the ARBITRATION ACT, S. O. 1991 the following controversy:
(briefly describe the controversy)
We further agree that the above controversy be submitted to (one or three) arbitrator(s) from a panel of arbitrators in accordance with the agreement attached hereto.
We further agreed that we will faithfully observe this agreement and the rules and that we will abide by and perform any award rendered by the arbitrator(s) and that a judgement of the court having jurisdiction may be entered upon award.
Signed on this ___day of ____ , _______ at ________________
Parties: __________________________ __________________________
THIS AGREEMENT, made this ____ day of _____, 20___
In the matter of the Arbitration Act, S. O. 1991
And in the matter of an arbitration between;
WHEREAS, The Claimant ________________ (hereinafter referred to as xxxxxxxxxx) was awarded a contract as a General Contractor for the construction of a ____________________ ) hereinafter referred to as ____________). The said contract being awarded to _______________ on ___________ with construction to take place in the year _____________, construction having been substantially completed and there are disputes between the parties as to what monies remain due and owing to ______ _______ from __________.
AND WHEREAS the contract between the parties hereto provided for dispute resolution by way of arbitration in accordance with Ontario’s Arbitration Act S. O. 1991 ) hereinafter referred to as the Arbitration Act.
AND WHEREAS ___________ has asked for Arbitration and the parties wish to by this agreement elaborate upon and provide for additional terms related to the proceedings of the Arbitration, additional to that which is contained in the Arbitration Act and in the original contract.
IT IS PROVIDED AS FOLLOWS, in consideration of the mutual covenants contained herein, the parties hereby agree to as follows:
1. The parties confirm the following appointments:
a. ____________, as an expert arbitrator appointed by ______________.
b. ____________, as an expert arbitrator appointed by ______________.
c. ____________, appointed by the above named arbitrators as Chairman of the Tribunal.
2. The Tribunal shall determine all matters in dispute between the parties arising out of the contract which are properly subject to Arbitration pursuant to the contract and subject to Schedule “A” herein.
3. The parties agree to be bound by all the terms of this agreement; and to be bound by the rules, orders directions and decisions of the Tribunal respecting the procedure and conduct of the Arbitration as determined by them from time to time pursuant to the terms of this Agreement subject to this Agreement, the provisions of the contract, and the provisions of the Arbitration Act and such further agreement as the parties may make between themselves in writing.
4. The parties agree that the awards of the Tribunal shall be final and binding upon them, subject only to appeal on a question of law to the Ontario Court (General Division), which appeal may be brought by either party without requiring the leave of the court.
5. This agreement is binding upon the parties when signed by them or by their solicitors on their behalf. By so signing, the solicitors warrant their authority to do so on behalf of their clients.
6. The Tribunal shall have the power, in its sole discretion, to award costs of the Arbitration in accordance with the Arbitration Act, and to direct by whom they are to be paid; and to award interest on awarded sums in accordance with the provisions of the contract (including General Conditions 40) and of the Arbitration Act as it incorporates provisions of the Courts of Justice Act. After the award has been made including any interest, the parties shall be entitled to make submissions on costs with costs to be fixed by the Tribunal.