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ARTICLE · 12 MAY 2023

Factors Considered By Courts When Appointing An Arbitrator: The Arbitrator Must Be Ready To "Hit The Ground Running"

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You have an arbitration clause in your contract, but it is silent on the type of arbitrator and the process for appointing him or her. After a dispute arises, you and your counterparty propose different arbitrators...

CanadaLitigation, Mediation & Arbitration
W. Brad Hanna, FCIArb.
W. Brad Hanna, FCIArb.
Jeremy Rankin
Jeremy Rankin
Sezen Izer
Sezen Izer
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You have an arbitration clause in your contract, but it is silent on the type of arbitrator and the process for appointing him or her. After a dispute arises, you and your counterparty propose different arbitrators and are unable to agree on one. What do you do?

First step – you ask the Court to appoint an arbitrator under section 10(1)(a) of the Ontario Arbitration Act, 1991 (the "Act"). This section provides the Court with broad discretion to appoint an arbitrator when the arbitration clause "provides no procedure" for doing so.1

However, how does the Court decide who among several qualified candidates to appoint? The Ontario Superior Court addresses this question in its recent decision in Van Doorn v. Loopstra Nixon, 2023 ONSC 1782 ("Van Doorn"). After reviewing guiding principles from prior case law, Van Doorn confirms that the court's task is to select the best candidate for the specific facts and issues involved. This will often mean that the court will

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The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

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