THE ADVOCATE 419
VOL. 80 PART 3 MAY 2022
provide for speedy and fair determination of disputes by a sole arbitrator
within months of the expedited arbitrator’s appointment.
Proceedings under the expedited procedures are conducted based on
written submissions unless otherwise agreed by the parties or directed by
the expedited arbitrator. Parties may apply for an oral hearing following
delivery of all written material, and the expedited arbitrator has discretion
to order an oral hearing where necessary. Parties may agree to opt out of
these expedited procedures.
Flat-fee expedited arbitrations for claims not exceeding $250,000
For expedited arbitrations in which no party’s claim exceeds $250,000,
VanIAC’s New International Rules provide parties with optional flat-fee
arrangements. The expedited arbitrator is provided with the notice to arbitrate
and any notice of counterclaim before accepting appointment. In flatfee
expedited arbitrations where an oral hearing is necessary and does not
exceed one day, the expedited arbitrator is compensated in accordance with
hourly fee arrangements prescribed by VanIAC.
Virtual hearing procedures
Virtual hearings have long provided flexibility for parties to international
arbitrations and became common during the COVID-19 pandemic. To
ensure that parties continue to benefit from the efficiencies of virtual proceedings,
the New International Rules formalize best practices for virtual
hearings and provide clarity about who is entitled to access and attend virtual
hearings.
Arbitrating Under the New International Rules
Parties wishing to have their arbitration administered by VanIAC under the
New International Rules should ensure their arbitration agreement provides
for the resolution of disputes by VanIAC in accordance with VanIAC’s
International Commercial Arbitration Rules.
The New International Rules will also apply where parties have agreed
to arbitrate disputes under VanIAC’s domestic rules if the seat of arbitration
is in a province or territory of Canada other than British Columbia.
More information can be found at <www.vaniac.org> or by calling
VanIAC at 604-684-2821.
/www.vaniac.org