GC 3.21.07 Rights of Both Parties
- It is agreed that no action is taken under subsection GC 3.21, Claims, Negotiations, Mediation, by either party shall be construed as a renunciation or waiver of any of the rights or recourse available to the parties, provided that the requirements set out in this subsection are fulfilled.
GC 3.21.08 Arbitration
GC 3.21.08.01 Conditions of Arbitration
- 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.
- 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).
- The parties shall be bound by the decision of the arbitrator.
- 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
- 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:
- All existing actions in respect of the matters under arbitration shall be stayed pending arbitration;
- 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
- Before proceeding with the arbitration, the Contractor shall confirm that all matters in dispute are set out in the schedule.