Vancouver Maritime Arbitrators Association
#100 1111 West Hastings Street | Vancouver, B.C | Canada V6E 2J3 | ph 604-681-2351 | Email: secretary@vmaa.org

Arbitration Rules

Amended as of January 22nd, 2009

Arbitration Rules PDF's file

Rules a Part of the Arbitration Agreement

  1. (a) the parties shall be deemed to have made these rules a part of their arbitration agreement whenever they have provided for arbitration under the rules of the Vancouver Maritime Arbitrators Association (“VMAA”). These rules and any amendment thereof shall apply in the form existing at the time the arbitration commences.

    (b) The Commercial Arbitration Code, excluding Article 1(1), (the “Code”) attached as the Schedule to the Commercial Arbitration Act, R.S., 1985, c. 17 of Canada shall form part of these rules. In the event of a conflict between these rules and the Code, these rules shall prevail.

  2. These rules may only be varied by the agreement of the parties to the arbitration.

Tribunal

  1. Any tribunal constituted by the parties for the settlement of their dispute under these rules shall be called the “Tribunal”.

  2. Unless the parties have agreed to a sole arbitrator each party shall appoint an arbitrator, chairperson. and the arbitrators so appointed shall appoint a third arbitrator who shall act as chairperson.

  3. VMAA shall establish and maintain lists of persons with qualifications as arbitrators and parties may appoint arbitrators there from in the manner prescribed in these rules.

  4. Arbitrators shall be commercial persons and not practising lawyers, except where two arbitrators by these rules are to appoint a third, that third arbitrator may be a practising lawyer. Further, a sole arbitrator may be a commercial person or a practising lawyer as agreed to by the parties, or appointed by the VMAA under these rules.

  5. The office of the Tribunal shall be deemed to be at the office of the Chamber of Shipping of British Columbia, Suite 100, 1111 West Hastings Street, Vancouver, B C Canada, V6E 2J3; telephone (604) 681-2351, fax (604) 681-4364.

Commencement of an Arbitration

  1. Any party to a contract containing a clause providing for arbitration under VMAA rules, or any party to a contract containing an arbitration clause when the parties have agreed, by stipulation or otherwise, to arbitrate under the rules of the VMAA, may commence an arbitration by such party (the “claimant”) delivering written notice to the other party (the “respondent”) of intention to resort to arbitration, containing a statement of the matter in dispute, the remedy or relief sought, and the name of its appointed arbitrator, or, in an arbitration where the parties have agreed to the dispute being determined by a sole arbitrator, the name of the sole arbitrator.

Mediation

  1. After an arbitration has been commenced, either party may refer the dispute to mediation in accordance with the VMAA mediation rules then in effect.

Receipt of Written Communications

  1. (a) Any written communication is deemed to have been received if it is delivered to the addressee personally or if it is delivered at his place of business, habitual residence or mailing address; if none of these can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressee’s last known place of business, habitual residence or mailing address by registered letter or any other means which provides a record of the attempt to deliver it.

    (b) The communication is deemed to have been received on the day it is so delivered.

Locality

  1. The locality where the arbitration is to be held shall be Vancouver if not specified otherwise in the agreement to arbitrate or unless the parties determine that it is more practical that the arbitration be held elsewhere.

Appointment of Arbitrators

  1. When a person is approached in connection with his possible appointment as an arbitrator, he shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. The conduct of all arbitrators shall be governed by the Code of Ethics for VMAA arbitrators (Appendix D).

  2. No person shall serve or continue to serve as an arbitrator if he has any financial or personal interest in the result of the arbitration, he has acquired detailed prior knowledge of the dispute, circumstances exist that give rise to justifiable doubts as to his independence or impartiality, or, in cases where the parties have agreed to qualifications, he does not possess those qualifications.

  3. Upon the request of any party or any two appointed arbitrators, the VMAA shall submit a list of persons with qualifications as arbitrators from which the party may make an appointment.

  4. Within 15 days of the commencement of the arbitration, the respondent shall appoint its arbitrator and the third arbitrator shall be appointed within 15 days of the appointment of the respondent’s arbitrator. The third arbitrator shall be the chairperson of the Tribunal.


  5. (a) If the parties have agreed to the dispute being determined by a sole arbitrator but have failed to agree on who the sole arbitrator shall be, the VMAA will appoint the sole arbitrator. In an arbitration with three arbitrators, if the respondent fails to make its appointment of the second arbitrator within the prescribed period the claimant may request the VMAA to appoint the second arbitrator, and if the two arbitrators fail to appoint the third arbitrator within the prescribed period, the VMAA will appoint the third arbitrator. Alternatively, if the respondent fails to make its appointment of the second arbitrator, the claimant may without the requirement of notice to the respondent appoint its arbitrator as sole arbitrator and shall advise the respondent accordingly.

    (b) The appointment of an arbitrator by the VMAA under these rules shall be made by the President of the VMAA after consulting with at least two other members of the VMAA’s Board of Directors.

  6. Notice of the appointment of an arbitrator, whether appointed by the parties or by the VMAA, shall be sent by the nominating party to the other party or parties.

  7. The sole arbitrator or the chairperson of the Tribunal appointed to undertake an arbitration under the rules of the VMAA must obtain a registration number from the president or the secretary of the VMAA and must pay a $250.00 administration fee to the VMAA which may be charged to the parties.

  8. If any arbitrator should die, withdraw, refuse or be unable to or be disqualified from performing the duties of his office, the vacancy shall be filled within 21 days, as follows:

    (a) If the vacancy is created by an arbitrator appointed by either party, the one who nominated him will name a replacement, but that replacement shall not have the right to change the chairperson previously appointed by the original two arbitrators.

    (b) If the vacancy is created by the Chairperson, the two arbitrators shall appoint a new Chairperson.

    (c) In any other circumstance the filling of the vacancies shall be done by appointment by the VMAA.

Preliminary Meetings

  1. The Tribunal may hold a preliminary meeting with the parties or their representatives to discuss the procedure to be followed in the arbitration and to determine any other matter required or permitted under these rules to assist the efficient progress of the arbitration.

page 1 - 2 - 3 - 4 - 5