Proposed new CRCICA arbitration rules emphasise ‘efficiency and flexibility’

The proposed reforms would introduce new rules on issues including emergency and expedited arbitration procedures, joinder of additional parties and consolidation of proceedings, the use of technology, and third-party funding.

Arbitration expert Jean-François Le Gal of Pinsent Masons said the suggested changes are consistent with changes introduced by other leading arbitral institutions recently. Le Gal is registered as an arbitrator at CRCICA and currently sits as chair of an arbitral tribunal on a matter under the centre’s existing rules.

He added: “The changes appear to be directed towards a clear objective: enhancing efficiency, clarity, and flexibility. This move confirms the CRCICA’s constant efforts to delivering excellent dispute resolution services.”

The new rules will see the introduction of an expedited procedure for claims with a value of less than $2,000,000, and rules for the appointment of an emergency arbitrator in cases when a delay risks causing a party significant harm. They also offer clearer guidance on the process of challenging arbitrators, as well as on the criteria and forms of interim measures.

To boost efficiency, the CRCICA will also now allow parties to send notices and other communications via email and other electronic means, and encourages the use of videoconferencing technology. The draft new rules contain guidance on how electronic communications can be used appropriately. In recognition of the surge in third-party funding, the draft new rules require that parties disclose the existence and source of any funding they receive throughout arbitral proceedings.

They also contain an updated schedule of fees and costs for arbitrators. The CRCICA said the tables of administrative fees were updated to respond to a “decade of economic developments, taking into consideration the importance of striking a balance between cost effectiveness and maintaining high quality services to best serve the interests of users.”

Last updated in 2011, the draft new arbitration rules are in the process of being adopted by CRCICA’s board of trustees and will enter into force later this year. The CRCICA asked the arbitration community to provide comments on the draft rules by 26 July 2023.