GC 3.21.08.03 Appointment of Arbitrator
- The arbitrator shall be mutually agreed upon by the Owner and Contractor to adjudicate the dispute.
- 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.
- 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., which may select an arbitrator to adjudicate the dispute within 7 Days of being requested to do so.
- The arbitrator shall not be interested financially in the Contract nor in either party's business and shall not be employed by either party. v The arbitrator may appoint independent experts and any other persons to assist him or her.
- The arbitrator is not bound by the rules of evidence that govern the trial of cases in court but may hear and consider any evidence that the arbitrator considers relevant.
- The hearing shall commence within 90 Days of the appointment of the arbitrator.
GC 3.21.08.04 Costs
- The arbitrator's fee shall be equally shared by the Owner and the Contractor.
- The fees of any independent experts and any other persons appointed to assist the arbitrator shall be shared equally by the Owner and the Contractor.
- The arbitration hearing shall be held in a place mutually agreed upon by both parties or in the event, the parties do not agree, a site shall be chosen by the arbitrator. The cost of obtaining appropriate facilities shall be shared equally by the Owner and the Contractor.
- The arbitrator may, in his or her discretion, award reasonable costs, related to the arbitration.
GC 3.21.08.05 The Decision
- The reasoned decision shall be made in writing within 90 Days of the conclusion of the hearing. An extension of time to make a decision may be granted with the consent of both parties. Payment of any award shall be made in accordance with clause GC 3.21.06, Payment.