“THE CASE FOR ARBITRATION”

THE ARBITRATOR

A neutral and experienced decision maker who makes a binding decision.

PAUL E. LOVE, BSc, LLB, FCIarb, C.Arb, DipICarb

• more than 25 years of experience as an arbitrator and mediator
• Chartered Arbitrator (B.C. 1996), Fellow of the Chartered Institute of Arbitrators (UK 1997), Diploma in International Commercial Arbitration (1998)
• Mediation training (initial training in 1993) and experience
• former member of the Law Society of British Columbia (September 1985 – December 31, 2023)

THE ADVANTAGES

• You choose your decision maker;
• Your decision maker will have experience in decision making in assessing facts and applying the law;
• The process can be tailored to the nature of the dispute;
• The hearing can be scheduled quickly;
• More certainty of proceeding on the date set for hearing than for trial;
• The process is private, the decisions are private and the decisions are not precedents;
• Inexpensive compared to a protracted law suit;
• The award is rendered in writing in a timely manner after the close of evidence.

THE PROCESS

The parties refer a dispute to an arbitrator. Once the arbitrator is appointed the arbitrator will take conduct of the proceedings, according to a set of rules. An arbitration is similar to an informal trial. There is a pre-hearing conference, usually by telephone, to deal with all preliminary matters. At the main hearing, where the parties appear in person in front of the arbitrator, the parties can make an opening statement. Witnesses called give evidence under oath or affirmation. A witness can be questioned or cross-examined. An arbitrator may call witnesses, in particular expert witnesses, and if he does so the parties can cross-examine that witness. The parties make closing statements. The arbitrator decides the issues put before him on the evidence and relevant law. The arbitrator issues an award or decision. An arbitrator can award costs. An arbitration decision or award can be enforced as a court order, with leave of the court. A party can choose to be represented by counsel.

There is considerable flexibility for the parties and the arbitrator to define a process which fits the dispute. Some of the options include:

• “documents only”, where there is no hearing but the decision is made on the basis of written briefs and documents.
• “final offer”, where the arbitrator chooses only between the final offers presented by the parties.
• “med-arb”, where some issues are mediated and some are arbitrated.
• “inquisitorial”, where the arbitrator asks all the questions, with the input of the parties

An arbitration award can be with or without written reasons. The parties can agree to exclude an appeal from the award.

THE COSTS AND FACILITIES

Arbitration hearings are generally conducted in a private venue, convenient to the parties. My hearing day rate is $3,000 per day plus GST. Other arbitration services including conference calls, preparation, and writing are charged at a rate of $375 per hour plus GST and disbursements. I will travel for hearings at the convenience of the parties. We have a meeting room suitable for some meetings and also video conferencing.

FURTHER INFORMATION

Contact Paul Love at B – 506 Thulin Street, Campbell River, B.C., V9W 2L1, Tel. (250) 287 – 4500, email: [email protected].