GUIDE to TOMAC ARBITRATION


PREPARATION FOR THE ARBITRATION PROCEDURE


WHAT IS THE ARBITRATION PROCEDURE

The complete set of proceedings, beginning with the arbitration application, and going all the way to the handing down of the arbitration award or the withdrawal of the arbitration application (settlement withdrawal), is called arbitration procedure. The precise details of procedure are determined according to the rules legislated by TOMAC (the "TOMAC Rules"). Numerous revisions and more than 70 years of practical experience have resulted in the independent make-up of the TOMAC Rules.

DOCUMENTATION REQUIRED FOR THE ARBITRATION APPLICATION

The following five types of documentation are required for the arbitration application. Note the numbers of documents (sets).

1. Arbitration Application
For both Ordinary Arbitration and Simplified Arbitration, six total sets of the application are required: one original, one duplicate and four copies. These should all be submitted together to the TOMAC Secretariat, and at the same time the engagement fee (in the case of Simplified Arbitration the total of the engagement fee and the arbitration fee, as determined by the tariff) must be paid.
2. Documentation Evidencing Agreement to Refer the Dispute to TOMAC
This is explained in the section on "ARBITRATION AGREEMENTS AND CLAUSES". The original of one or the other must be submitted to the TOMAC Secretariat at the time the arbitration application is made, and upon confirmation of the arbitration agreement, the application will be accepted.
3. Evidentiary Documentation
Where documentary evidence has been attached supporting the application, the evidence should be numbered following the order of sections in the application, (statement, causes of action, etc.), and labeled as being from either the Claimant or the Respondent. The number of sets of copies to be submitted is six, the same as for the application itself.
4. Certificate of Representative Qualifications
This must be submitted when the party is a corporation. Including documentation from the Respondent, one set of each party must be submitted.

 


5. Power of Attorney for the Agent
When an attorney is appointed, in order to allow that person to conduct the arbitration proceedings in question, one set of documentation stating that the individual has been endowed with the right to represent must be submitted.
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