August 12, 2016
Hassell Arbitration enhances rules on Arbitrator Appointment
In addition to being the principal arbitrator at Hassell Arbitration, Mick Hassell is frequently retained to act as counsel at arbitrations given his experience as a trial lawyer at Hassell Trial Counsel.
Since Mick frequently proposes Hassell Arbitration’s rules as the process to resolve disputes when acting as counsel, it is necessary to go outside of Hassell Arbitration to appoint an arbitrator.
What is the solution? When Mick cannot act as arbitrator or appoint one, the parties to the arbitration will use the the arbitration rules of the ADR Institute of Canada for appointment purposes, based on the following clause:
“The arbitration will be before a single arbitrator of Hassell Arbitration, who is an independent and impartial person who does not represent any party and does not have any legal advice for any party. Unless he is in a conflict or cannot act, Mick Hassell will be appointed arbitrator. If Mick Hassell cannot act as arbitrator for any reason, he will appoint an arbitrator. If Mick Hassell cannot appoint an arbitrator for any reason, the appointment of an arbitrator will be done pursuant to the arbitration rules of the ADR Institute of Canada.”
The default otherwise would be to resort to a costly and cumbersome appointment by the Ontario Superior Court of Justice pursuant to section 10 of the Arbitration Act, 1991, which requires an application to the Court.