GC 3.21.08.01 Conditions of Arbitration

i If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.21.04, Negotiations, or the mediation stage noted in clause GC 3.21.05, Mediation, either party may invoke the provisions of subsection GC 3.21.08, Arbitration, by giving written notice to the other party.

ii Notification that arbitration shall be implemented to resolve the issue shall be communicated in writing as soon as possible and no later than 60 Days following the opinion given in paragraph GC 3.21.03 (v). Where the use of a third party mediator was implemented, notification shall be within 120 Days of the opinion given in paragraph GC 3.21.03 (v).

iii The parties shall be bound by the decision of the arbitrator.

iv The rules and procedures of the Arbitration Act, 1991, S.O. 1991, c.17, as amended, shall apply to any arbitration conducted hereunder except to the extent that they are modified by the express provisions of subsection GC 3.21.08, Arbitration.

GC 3.21.08.02 Arbitration Procedure

i The following provisions are to be included in the agreement to arbitrate and are subject only to such right of appeal as exist where the arbitrator has exceeded his or her jurisdiction or have otherwise disqualified him or herself:

a All existing actions in respect of the matters under arbitration shall be stayed pending arbitration;

b All outstanding claims and matters to be settled are to be set out in a schedule to the agreement. Only such claims and matters as are in the schedule shall be arbitrated; and

c Before proceeding with the arbitration, the Contractor shall confirm that all matters in dispute are set out in the schedule.

GC 3.21.08.03 Appointment of Arbitrator

i The arbitrator shall be mutually agreed upon by the Owner and Contractor to adjudicate the dispute.

ii Where the Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification of arbitration noted in paragraph GC 3.21.08.01 (ii), the Owner and the Contractor shall each choose an appointee within 37 Days of the notice of arbitration.

iii The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after the last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute of Ontario Inc.,