Canadian Commercial Arbitration Centre (CCAC)

Services rendered	Percentage of administrative fees due
1. For opening of file	55% of amount set according to the fee schedule;
2. For the pre-hearing	20% of the same amount;
3. For the hearing	25% of the same amount.

A $1,000.00 cheque must be included with the notice of arbitration submitted to the Centre. Said amount is not refundable but is deductible from the total amount of arbitration expenses.

Services pertaining to the opening of the file include related services, more particularly those pertaining to the study of the case, its assessment, preliminary discussions with the parties for the smooth running of the case and the preparation of a work schedule; fees relating to these services are due and earned as soon as the arbitration centre has received the notice of arbitration. In the event the parties settle at any time before the pre-hearing but after the submission of the notice of arbitration, no reimbursement will be made.

Services pertaining to the pre-hearing include related services, more particularly those pertaining to the appointment of arbitrators, verifying their independence and confirming their appointment, as well as preparing the file, administering it and forwarding it to the arbitrators; fees relating to these services are due and earned as soon as the date of the pre-hearing has been established. In the event the parties settle at any time before the hearing but after the date of the pre-hearing has been established, no reimbursement will be made.

Services pertaining to the hearing include related services, more particularly all other services until the closing of the file; fees relating to these services are due and earned as soon as the date of the first hearing has been established. In the event the parties settle at any time before the closing of the file but after the date of the first hearing has been established, no reimbursement will be made.

Amount of dispute	Administrative fees	Example: bipartite arbitration
$1,000 to $50,000	3% Minimum $600 Maximum $1,500	Dispute of $40,000 Fees are : $40,000 X 3% = $1,200
$50,000 to $200,000	$1,500 + 2% of amount exceeding $50,000	Dispute of $75,000 Fees are : $1,500 + 2% of $25,000 or $1,500 + $500 = $2,000
$200,000 to 1 million $	$4,500 + 1% of amount exceeding $200,000	Dispute of $350,000 Fees are : $1,500 + 2% of $25,000 or $1,500 + $500 = $2,000
1 million to 10 millions $	$12,500 $ + ½% of amount exceeding 1 million $	Dispute of $2 millions Fees are: $12,500 plus 1/2% of 1 million $ $12,500 + $5,000 = $17,500

If the amount of the dispute is undetermined or undeterminable or if there is no consensus between the parties on the amount of the dispute, the Centre will determine the amount.

Arbitrators' fees

The arbitrator(s) fees are established on an hourly basis and before the first hour.

NOTE: Multiply by three (3) if the tribunal is made up of three (3) persons. Each sequence must be accounted for separately.

1. The centre's administrative fees

$600.00 including $200.00 for opening the file. This amount is payable by the plaintiff and must be included with the notice of arbitration; it is not refundable but deductible from the plaintiff's share of arbitration expenses (Section 69 of the General Commercial Arbitration Rules).

2. Arbitrator's fees

$900.00 to $2,000.00 excluding travel and subsistence allowances.

3. The centre's miscellaneous fees

Facilities rental, fax charges, postal costs, etc.

4. Special fees

Postponement of hearing

This fee is payable by the party who, after having agreed to proceed at a given date, asks to postpone the hearing.

The fee is $225.00.

Fee for extending the hearing or referring the case to the Centre's General Arbitration Rules

This fee is payable to the Centre prior to a second hearing day being held and does not include other fees incurred for facilities rental nor the arbitrator's fees.

The fee is $175.00 per party.

5. Sharing of arbitration costs

In equal shares, between the parties (Section 69 of the General Commercial Arbitration Rules), excluding special fees.

1. THE CENTRE'S ADMINISTRATIVE FFES

$450.00* of which $200.00 represents the fees to open a file, non refundable, payable by the plaintiff when the arbitration file is transmitted, and deductible from his share of the fees (Section 17 of the Specialized Procedure).

For a dispute relating to a claim for an amount equal or less than $3,000.00, including the cross-claim but excluding interest and arbitration fees:

$200.00 to open a file, non refundable, payable by the plaintiff when the arbitration file is transmitted, and deductible from his share of the fees (Section 17 Specialized procedure).

2. ARBITRATOR'S FEES

An aggregate amount of $600.00, however, if more than four hours of hearing are necessary, an hourly rate of $150.00 is applicable for every additional hour of hearing.

The travel and living expenses of an arbitrator are not included.

3. THE CENTRE'S RELATED FEES

The costs for rental of a courtroom are $150.00 based on a hearing duration of four hours. If additional time is necessary, additional rent shall be requested according to the additional time required. The costs for faxes, messenger services and long-distance calls are not included.

4. SPECIAL FEES

Fees for the postponement of the hearing

These fees are payable by the party who, after having given its consent to proceed at a specified date, requests that a new date be set for the hearing.

The fees are $100.00.

Fees to extend the hearing period or to return the file to the Centre's general arbitration procedure

These fees are payable to the Centre before one day of supplementary hearing is held.

They do not include the other expenses incurred for the rental of a courtroom and the arbitrator's fees.

The fees are $150.00 per party.

5. DISTRIBUTION OF THE ARBITRATION COSTS

In equal shares between the parties (Section 18 Specialized Procedure) unless a contrary decision is taken by the arbitrator. The special fees are payable by the party responsible for them.

* Increased from $400.00 to $450.00 as of November 3, 1999.

Reminder of Section 123 of the Regulation:

“Arbitration fees are shared equally between the manager and the contractor where the latter is the plaintiff.
Where the plaintiff is the beneficiary, those fees are charged to the manager, unless the beneficiary fails to obtain a favorable decision on any of the elements of his claim, in which case the arbitrator shall split the costs.”

1. CENTRE’S FEES

Fees of $450 are claimed from the manager for the management of each file. Disbursements and other related fees are in addition (i.e. room rental, photocopies, messenger service, facsimile transmissions). In case of withdrawal of the request for arbitration, if the withdrawal, at the request of the parties, is not embodied in an arbitral award, the costs are limited to $140.00.

2. ARBITRATOR’S FEES

2.1 Hourly rate: $140

2.2 Accounting of fees

Subject to the maximum amounts provided in section 2.3:

2.2.1 The arbitrator is entitled to fees at the rate set by section 2.1 for each hour of actual preparation made for the pre-trial conference with the parties, the hearing, deliberation and the drafting of a decision;

2.2.2 For each day of hearing, the arbitrator is entitled to a minimum remuneration equivalent to 3 hours of fees at the rate established by section 2.1;

2.2.3 By way of indemnity in case of withdrawal of the request for arbitration (with or without settlement) or postponement of the date of the hearing at the request of a party within 30 days before the date of hearing, the arbitrator is entitled to 3 hours of fees at the rate established by section 2.1.

2.3 The maximum fees authorized pursuant to sections 2.1 and 2.2 are the least of the following three amounts:

• Fees, at the hourly rate fixed at section 2.1, according to the real hours accomplished for the activities mentioned at section 2.2. These fees apply even if the decision simply records an agreement or a withdrawal;
• Maximum fees authorized by the estimated amount of the claim, taking into account the following categories:

  Estimated Value of Claim	Maximum authorized fees for arbitrator
  $1 to $7,000	$2,200
  $7,001 to $15,000	$3,300
  $15,001 to $30,000	$5,500
  $30,001 to $60,000	$6,600
  More than $60,000	No maximum
  Contractor’s membership	No maximum

• In case of withdrawal of the request for arbitration (with or without settlement) within 30 days after the request for arbitration, and if the withdrawal is not recorded in an arbitration decision, the fees when an arbitrator is designated are limited to disbursements and 1 hour of fees at the rate established by section 2.1.

3. OTHER ADMISSIBLE FEES

The arbitrator is entitled to the reimbursement of fees incurred for the rental of room for the hearing and to other related fees (i.e. photocopies, messenger service, facsimile transmissions, etc.).

4. TRAVEL AND SUBSISTENCE

• No allocation or travelling costs for distances that are less than a radius of 80 km from business address;
• Travelling costs : Guidelines of the Conseil du Trésor applicables pour les frais de déplacement et de séjour (C.T. 194603 du 30 mars 2000 et ses modifications relativement aux frais de déplacement des personnes engagées à honoraires par le gouvernement du Québec).
• Allocation: for distances over and above a radius of more than 80 km of business address, the travel time is remunerated at an hourly rate of $90.00 for the arbitrators.

5. CASES OF RECUSATION

The Centre may not claim administrative fees or arbitrator’s fees in the event the arbitrator is recused. However, if the recusation is invoked and known late, the fees incurred are shared by the arbitrator.

Lorsqu’il n’y a pas récusation de l’arbitre, les frais et honoraires engendrés par l’examen de la demande de récusation suivent le fond et sont partagés lors de la décision rendue sur le fond.

6. INFORMATION FOR PARTIES

The parties are duly informed, at the time of the arbitration request, of all fees, disbursements and allocations pertaining to the request (including those regarding travelling costs, provisions for costs and, if the case may be, the withdrawal of the recourse and the case of recusation), as well as the sections of the By-Law pertaining to the partition of the costs.

7. PROVISION FOR COSTS

The following rules apply when the Centre requests a provision for the payment of the fees and disbursements of the arbitrator :

• The provision cannot exceed the maximum amounts provided for in the above-mentioned pricing grid;
• If the Plaintiff is the contractor, the provision is payable in equal shares between the contractor and the manager;
• The sums are kept in a trust account;
• Following a decision, the sums remitted over and above are reimbursed;
• In any case, the Centre cannot hold back the decision.

8. NOTE FROM THE CENTRE

• If the Plaintiff is the beneficiary : no provision for costs is requested;
• If the Plaintiff is the contractor: it transmits to the Centre, at the same time as its arbitration request, the estimated value of its claim.