|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.
$1,000.00 to $10,000,000.00
|Amount of dispute||Administrative fees||Example: bipartite arbitration|
|Dispute of $40,000
Fees are :
$40,000 X 3% = $1,200
|$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
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
$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.
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.
(Claim of $50,000 or less being heard in a single day of 7 hours or less)
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.
September 20, 2010
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 hourly rate of $350.00 is applicable for every hour the arbitrator spent on file.
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.
Plan for New Residential Buildings adopted by the Building Act on March 1st, 2006
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 $150.00.
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:
|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|
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
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 :
8. NOTE FROM THE CENTRE