Mutual Agreement To Arbitrate Template for Canada

The Mutual Agreement to Arbitrate serves as a crucial legal document for parties seeking to establish arbitration as their preferred method of dispute resolution in Canada. This agreement is commonly used in various business and employment relationships where parties wish to avoid costly and time-consuming court litigation. It ensures compliance with both federal and provincial arbitration laws, including the Commercial Arbitration Act and provincial arbitration legislation. The document typically includes essential provisions regarding the arbitration process, arbitrator selection, cost allocation, and enforcement mechanisms, while accounting for specific requirements under Canadian law, such as language requirements in Quebec and provincial-specific arbitration rules.

1. Parties: Identifies and defines all parties entering into the arbitration agreement

2. Background: Establishes the context and purpose of the arbitration agreement

3. Definitions: Defines key terms used throughout the agreement

4. Agreement to Arbitrate: Core provision establishing mutual commitment to resolve disputes through arbitration

5. Scope of Arbitration: Specifies which disputes are covered by the arbitration agreement and any exclusions

6. Arbitration Process: Details the procedure for initiating and conducting arbitration

7. Selection of Arbitrator: Process for choosing the arbitrator(s) and required qualifications

8. Costs and Fees: Allocation of arbitration costs and fees between parties

9. Governing Law: Specifies applicable law and jurisdiction

10. Confidentiality: Provisions regarding confidentiality of arbitration proceedings

11. Notice Provisions: Requirements for giving notice related to arbitration proceedings

12. Severability: Ensures remainder of agreement remains valid if any provision is found unenforceable

13. Entire Agreement: Confirms the agreement represents complete understanding between parties

14. Execution: Signature blocks and execution requirements