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APPENDIX D
ARBITRATION RULES
Jurisdiction and Scope
- The Arbitrator will apply the rules and procedures of
the Arbitration Act of the Province or Territory in which
the Arbitration is conducted, if any, to any Arbitration
conducted hereunder except to the extent they are modified
by the express provisions of these Rules.
- Each party acknowledges that it will not apply to the
courts of any jurisdiction to attempt to enjoin, delay,
impede or otherwise interfere with or limit the scope of
the Arbitration or the powers of the Arbitrator; provided,
however, that the foregoing will not prevent either party
from applying to the courts for a determination with respect
to any matter or challenge provided for in the Arbitration
Act referred to in Section 1 of these Rules.
- Each party further acknowledges that the award of the
Arbitrator will be final and conclusive and there will be
no appeal therefrom whatsoever to any court, tribunal or
other authority.
- The Arbitrator has the jurisdiction to deal with all matters
relating to an appeal from a decision of the Administrator
(a "Dispute") including, without limitation, the
jurisdiction:
- to determine any question of law, including equity;
- to determine any question of fact, including questions
of good faith, dishonesty or fraud;
- to determine any question as to the Arbitrator's jurisdiction;
- to request that the parties enter into mediation;
- to order any party to furnish further details, whether
factual or legal, of that party's case;
- to proceed with the Arbitration notwithstanding the
failure or refusal of any party to comply with these Rules
or with the Arbitrator's orders or directions or to attend
any meeting or hearing, but only after giving that party
written notice that the Arbitrator intends to do so;
- to receive and take into account such written or oral
evidence tendered by the parties as the Arbitrator determines
is relevant, whether or not admissible in law;
- to make one or more interim awards including, without
limitation, orders to secure any amount relating to the
Dispute; and
- to order the parties to produce to the Arbitrator and
to each other for inspection and to supply copies of any
documents or classes of documents in their possession,
power or control that the Arbitrator determines to be
relevant.
Place of Arbitration
- The Arbitration will be conducted in the Province or Territory
in which the claimant resides at a location determined from
time to time by the Arbitrator pursuant to Section 6 of
these Rules.
Meetings
- The Arbitrator will determine the time, date and location
of meetings for the Arbitration and will give all the parties
15 days prior written notice of such meetings.
- The parties to the Arbitration will be the claimant and
the Fund Counsel. The claimant may be represented or assisted
by any person during the Arbitration. Where the claimant
is represented by another person, the claimant will provide
notice in writing of such representation to the Fund Counsel
and to the Arbitrator at least five days prior to any Arbitration
proceeding.
- The award of the Arbitrator must be made within 30 days
of the completion of the Arbitration.
Disclosure/Confidentiality
- All information disclosed, including all statements made
and documents produced, in the course of the Arbitration
will be held in confidence and no party will rely on, or
introduce as evidence in any subsequent proceeding, any
admission, view, suggestion, notice, response, discussion
or position of either the claimant or the Fund Counsel or
any acceptance of a settlement proposal or recommendation
for settlement made during the course of the Arbitration,
except (i) as required by law or (ii) to the extent that
disclosure is reasonably necessary for the establishment
or protection of a party's legal rights against a third
party or to enforce the award of the Arbitrator or to otherwise
protect a party's rights under these Rules.
Miscellaneous
- The parties may modify any period of time provided for
in these Rules by mutual agreement.
- The language of the Arbitration will be English or French,
as requested by the claimant.
- Nothing contained in these Rules prohibits a party hereto
from making an offer of settlement relating to a Dispute
during the course of an Arbitration.
- In determining the allocation between the parties of the
costs of the Arbitration, the Arbitrator may invite submissions
as to costs and may consider, among other things, an offer
of settlement made by a party to the other party prior to
or during the course of an Arbitration. The Arbitrator,
in the exercise of his or her discretion, may award costs
in accordance with a tariff to be established by the Courts..
- The award will be rendered in writing and will contain
a recital of the facts upon which the award is made and
the reasons therefor.
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