C-25.01, r. 0.6.1 - Regulation respecting the mediation and arbitration of small claims

Section 31 Disposition versions

2023-11-23

31. If the mandatory mediation does not put an end to the dispute, the case is referred to the arbitration at no cost provided for in this Regulation. The court clerk then notifies to the parties a notice of arbitration using the form prescribed by the Minister of Justice.

The notice must indicate, in clear and concise terms, that

(1)  failure to respond to the notice within 30 days of its notification constitutes a free and enlightened waiver to submit the dispute to a judge of the Court of Québec and an acceptation to submit it to another private mode of dispute resolution, namely arbitration;

(2)  failure to appear before the arbitrator allows the arbitrator to make an award by default; and

(3)  the arbitration award binds the parties and may only be annulled by a court on the following grounds:

(a)  a party lacked the capacity to consent to arbitration;

(b)  the arbitration agreement is invalid under the law chosen by the parties or, failing any indication in that regard, under Québec law;

(c)  the rules for designating the arbitrator or the applicable arbitration proceedings have not been complied with;

(d)  the party against which the award or measure is invoked was not given proper notice of the designation of an arbitrator or of the arbitration proceedings, or it was for another reason impossible for that party to present its case;

(e)  the award pertains to a dispute not covered by the arbitration.

Within 10 days of the last mediation session, the mediator notifies the mediation and arbitration service that the mediation has not put an end to the dispute.

O.C. 1598-2023, s. 31.

Not in force

In force: 2023-11-23

31. If the mandatory mediation does not put an end to the dispute, the case is referred to the arbitration at no cost provided for in this Regulation. The court clerk then notifies to the parties a notice of arbitration using the form prescribed by the Minister of Justice.

The notice must indicate, in clear and concise terms, that

(1)  failure to respond to the notice within 30 days of its notification constitutes a free and enlightened waiver to submit the dispute to a judge of the Court of Québec and an acceptation to submit it to another private mode of dispute resolution, namely arbitration;

(2)  failure to appear before the arbitrator allows the arbitrator to make an award by default; and

(3)  the arbitration award binds the parties and may only be annulled by a court on the following grounds:

(a)  a party lacked the capacity to consent to arbitration;

(b)  the arbitration agreement is invalid under the law chosen by the parties or, failing any indication in that regard, under Québec law;

(c)  the rules for designating the arbitrator or the applicable arbitration proceedings have not been complied with;

(d)  the party against which the award or measure is invoked was not given proper notice of the designation of an arbitrator or of the arbitration proceedings, or it was for another reason impossible for that party to present its case;

(e)  the award pertains to a dispute not covered by the arbitration.

Within 10 days of the last mediation session, the mediator notifies the mediation and arbitration service that the mediation has not put an end to the dispute.

O.C. 1598-2023, s. 31.