Note: Counsel are encouraged to confer prior to the preliminary meeting to attempt to agree on as much of the following Agenda as possible.


1. Arbitration Agreement / Submission:

Copy to be provided to the Arbitrator as soon as possible.

2. Arbitral Tribunal’s Declaration:

that the tribunal is / is not aware of any circumstances that might give rise to a reasonable apprehension of bias on his part.

3. Appointment of Arbitrator:

Confirmation of appointment. Confirm Arbitrator's fees and disbursements as well as responsibility for those fees and disbursements. Unless otherwise agreed the Arbitrator’s accounts will be addressed to Counsel and will be split equally.

4. Legislative Jurisdiction:

e.g. Ontario Arbitration Act 1991; Other

5. Procedure for the Arbitration:

Ontario Rules of Civil Procedure or other procedural rules (e.g. ADR Institute's National Arbitration Rules) to apply? Exceptions, if any?

6. Jurisdiction:

Are there any jurisdictional issues at this point?

7. Confidentiality:

Determine whether the arbitration will be considered confidential or whether an Order to the effect is required.

8. Service of Documents:

How service is to be effected, when necessary. For example, may documents be served by email? Will litigation management software be required?

9. Document Exchange with Tribunal:

How documents will be exchanged between the parties and the arbitrators and, where involved, the arbitral institution.

10. Issues for Arbitration:

Will the parties be exchanging pleadings? Or can the parties agree to set out the arbitral issues in a logical order of decision-making in the context of an Arbitration Agreement? Is it possible to develop an agreed statement of facts?

11. Pleadings Timetable:

Milestone dates for pleadings or joint submission.

12. Documentary Discovery:

Rule 30 of Ontario Rules to apply or agreement of the parties?

13. Examinations for Discovery:

Will oral examinations be sought? If so, shall Rule 31 of Ontario Rules to apply or some other agreement of the parties?

14. Transcripts of Examinations for Discovery:

are transcripts going to be available for the arbitration hearing? If so, will counsel be seeking to utilize these transcripts analogous to a civil trial in Ontario – for example, as prescribed by Rules 31.11 and 34.18 of the Ontario Rules of Civil Procedure?

15. Inspection:

Whether arrangements need to be made with respect to physical evidence and/or on-site inspections.

16. Preliminary Motions:

Whether there are discrete issues (whether procedural or substantive) that can be resolved by preliminary motion or at a preliminary hearing. In this regard, one issue may be whether liability and quantum of damages should be heard separately.

17. Arbitration Hearing Dates:

What dates should be fixed for the arbitration to occur? What is the reasonable estimate of the time required for all parties to present their case?

18. Transcription of the Arbitration Hearing:

Are the parties going to require that the arbitration hearing itself be recorded so that the transcript of the hearing forms part of the formal record of the arbitration?

19. Location for the Arbitration Hearing:

Administrative matters such as the arrangement of hearing space and private rooms, security issues and availability of any word processing, facsimile or other services. It is often helpful to have rooms to which the parties can retire in order to meet and work in private. The tribunal or arbitrator should also have such accommodations. Who will make booking arrangements?

20. Admissions:

Do the parties want to exchange something as formal as Ontario Rule 51 Requests to Admit? If so, by what time frame? Is it possible for Counsel to work toward to develop appropriate admissions from each side so as to have the arbitration hearing run as smoothly as possible?

21. Witnesses – Identity and “Will Say” Statements:

Who will be called at the hearing? Can it be agreed that these will be exchanged so as to streamline the hearing process? What is a reasonable time frame for these to be exchanged?

22. Translation:

Will translation services be required? If so, who will arrange?

23. Expert Reports:

is any party intending to call an expert to testify at the arbitration hearing? If so, what time limit should be established for the service of that report so that the other side has an opportunity to prepare for that evidence?

24. Conduct of Hearing - Preliminary Matters:

Are both counsel prepared to make brief opening statements of not more than 20 minutes in length prior to any evidence being called? Which party should call evidence first? Will counsel require an order excluding witnesses?

25. Conduct of Hearing - Evidence:

Section 21 of Arbitration Act, 1991 (Ontario) to apply or party agreement?

26. Written Submissions Following Hearing:

Are they anticipated? Deadlines for submission?

27. Costs:

Confirm Arbitrator’s jurisdiction regarding costs (e.g. Section 54 of Arbitration Act, 1991). Confirm Rule 49 of the Ontario Rules of Civil Procedure applies to this Arbitration Hearing.

28. Deposit toward the Tribunal’s Fees:

To be fixed by the Tribunal, if appropriate, in taking into account all factors previously reviewed with Counsel. This will include the issue of the non-refundable portion of the deposit payable to the tribunal in the event that scheduled hearing dates are cancelled.

29. Further Pre-Hearing Case Conferences:

Is it anticipated this will be required? Can date(s) be set now?

30. Other:

If there are other items to be discussed please advise the arbitrator and other counsel as soon as possible.


Rick's Last Minute Availability

Oct. 5, 8.

Email Tsion to request dates.