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How to use Arbitration

  1. The best way to use arbitration is choose to use it before any disputes arise.   During the formulation of the contract, both parties (the client & the contractor, for example) should agree to a clause which specifies that any contractual disputes will be settled using arbitration.    Of course, arbitration can be used anytime the two parties agree that it should be used.   However, unless the clause is included in the contact the use of arbitration is entirely optional.

  2. The first step to using arbitration is for one or both of the disputing parties to contact the CDB and obtain the "Request for Arbitration Form (CAC01)".      The form is filled in by the person or firm (the "claimant") requesting the arbitration .  In the form, the Claimant describes the basis of the dispute and who the other party is ("the Respondent").   The completed form is submitted to the CDB for processing.

  3. The CDB will contact the Respondent and send them a "Reply to Request for Arbitration Form (CAC02)".   This form informs the Respondent that a request for arbitration has been lodged against him/her and asks for a reply to the request.   In the case of involuntary arbitration (such as when a clause has been included into the contract), the Reply to the Request is mandatory.

  4. The Respondent will complete the Reply to Request for Arbitration Form and return it to the CDB.  If applicable, the Respondent will also inform the CDB of its choice of arbitrators.   The CDB will then notify both parties and begin arranging the arbitration.

  5. Both parties will be notified of the arbitrators chosen by the CDB to hear the case.   Both parties will have the right to accept or decline any arbitrators chosen.   This process will continue until a panel of acceptable arbitrators is decided.

  6. The Panel of Arbitrators, the Claimant and Respondent will then meet at a specified place and time for the "hearing".    Subsequent meetings may be held by the arbitrators until a decision in the case is reached.

  7. The Panel of Arbitrators will issue an award form that specifies their decision, and any awards provided.   This form is a legally binding document.

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