Ontario Superior Court of Justice Trials

Steps in an Arbitration

This brief article outlines in point form the general steps applicable to any arbitration:

  • Arbitration Agreement
    • Can agree to arbitrate future disputes by inserting arbitration clause into another agreement.
    • Can agree to arbitrate after dispute arises.
  • Start the Arbitration
    • Start the arbitration as set out in the arbitration agreement or in accordance with the applicable legislation. Check out our article on How to Start an Arbitration.
  • Appoint the Arbitrator
    • In accordance with arbitration agreement, on consent or by Court appointment.
  • Arbitration Procedure
    • The procedure is determined in accordance with arbitration agreement, on consent or in the Arbitrator’s discretion.
  • Statements
  • Discovery
    • Discovery may be somewhat truncated to an exchange of key documents instead of affidavits of documents and witness statements instead of examinations for discovery.
  • Hearing
    • Witness statements may form the direct examination, leaving the hearing to focus on cross-examinations and closing arguments.
  • Award
    • After the hearing, the Arbitrator writes an award (arbitration equivalent of a Court judgment).
  • Appeal
    • There may or may not be rights of appeal from the arbitration award.

More on Arbitration

For more information on arbitration, please check out the following articles:

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