Criteria for Inclusion on the Canadian Transportation Agency’s List of Persons who Agree to Act as Arbitrators
Arbitrators for the Canadian Transportation Agency must be able to conduct an efficient and effective arbitration process. Arbitrators must possess:
- Superior procedural skills and in-depth understanding of the rules of procedure.
- A superior understanding of the rules of evidence including the ability to understand, interpret and use complex technical evidence presented by experts.
- An in-depth understanding of the rules of natural justice.
- The ability to deal with preliminary matters which may include, but not limited to, directions on pleadings and disclosure of evidence, interrogatories, determination of the necessity for witnesses or experts.
- The ability to maintain appropriate working relationships between the parties in an adversarial atmosphere.
- The ability to organize and analyze quantitative and qualitative information.
- The ability to render independent and impartial awards, as well as clearly explain, orally and in writing, the reasons behind them – all with due regard for tight time frames.
- The ability to maintain accurate records of all proceedings.
- An understanding of the dispute resolution processes of the Canadian Transportation Agency.
- The knowledge of economics will be considered an asset.
- The ability to work with financial statements and an accounting/financial background will be considered assets.
- Arbitration training and certification will be considered essential where the candidate has no work experience as an arbitrator, judge or tribunal member.
- Where the candidate has experience as an arbitrator, judge or tribunal member, arbitration training will be considered an asset.
- An understanding of transportation and/or supply chain logistics will be considered assets.
The above named competencies and skills will be demonstrated by experience and qualifications that meet the following:
At least 10 years of experience doing complex commercial litigation or dispute resolution which must include:
- Complex issues with significant dollar amounts or important principles at stake; and,
- Areas where complex evidence of a technical nature is presented by experts; and,
- Such areas but are not limited to: breach of contract, competition/antitrust law, insolvency or bankruptcy, mergers and acquisitions, supplier-procurement disputes, restructuring, patent infringements.
Experience as a judge of a superior court who has presided over commercial cases or dealt extensively with commercial cases involving complex technical evidence provided by experts.
Experience as an adjudicative tribunal member or counsel involved in revenue, price or rates setting hearings.
- Adequate insurance to cover the potential liabilities (minimum $1,000,000)
- Disclosure of conflicts of interest and information on potential bias
- Disclosure of fees
- Availability on short notice
- Willingness to travel will be considered an asset