1. These Maritime Arbitration Rules of Procedure (hereinafter the "Rules") have been adopted by the Association of Maritime Arbitrators of Canada (hereinafter the "AMAC"). The Rules shall be deemed to form part of any agreement providing for (a) AMAC arbitration, or (b) arbitration by AMAC members, or (c) arbitration under the rules of the AMAC. The Rules shall also apply, in the absence of a specific agreement of the parties to the contrary, if a majority of the arbitral tribunal consists of AMAC members. The Rules and any amendment thereto shall apply in the form obtaining at the time the agreement to arbitrate is made. [Amended in 1993].

2. The Commercial Arbitration Code (hereinafter the "Code") as set out in schedule "B", shall form part of the Rules. In the event of a conflict between the Rules and the Code, the Rules shall prevail.

3. The Rules may only be varied by the agreement of all parties to the arbitration.

4. The claimant shall deliver its Points of Claim together with copies of supporting documents to the arbitral tribunal and the other party within 28 days of the constitution of the arbitral tribunal.

5. The respondent shall deliver its Points of Defence, with counter-claim, if any, together with copies of supporting documents to the arbitral tribunal and the other party within 28 days of the receipt of the claimant’s Points of Claim and documents.

6. The claimant may deliver to the arbitral tribunal and the other party a Reply to the Points of Defence, and a Defence to the counter-claim, if any, within 28 days after receipt thereof. The respondent may deliver to the arbitral tribunal and the other party a Reply to the Defence to the counter-claim, if any, within 28 days after receipt thereof.

7. If it is agreed that the arbitration shall be on documents, and without an oral hearing, the claimant’s written submissions, including those relating to any counter-claim, shall be submitted to the arbitral tribunal within the delay fixed for the delivery of its reply. The respondent’s written submissions, including those relating to any counter-claim, shall be delivered within 28 days after receipt of the claimant’s written submissions. Affidavit evidence may be produced and Rule 10 applies thereto. The claimant may deliver its final comments, if any, within 14 days of receipt of the respondent’s written submissions. Should there be a counter-claim, the respondent’s final comments, if any, on the counter-claim, shall be delivered within 14 days after receipt of the claimant’s final comments. The arbitral tribunal will then give notice to the parties of its intention to proceed to its award and will so proceed unless either party within 7 days requests, and is thereafter granted, leave to provide further submissions or documents.

8. At any stage of the arbitration, prior to the hearing, a party or the arbitral tribunal may convene a preliminary conference to discuss appropriate means to simplify the matter and to shorten the hearing, including the advisability of amendments to the proceedings, of defining the questions really in controversy, and of admitting facts or documents. Such agreements and decisions may be recorded in minutes signed by the presiding arbitrator and such agreements and decisions shall govern the hearing except to the extent that the arbitral tribunal otherwise orders to prevent an injustice.

9. In the case of arbitration with oral hearing, the arbitral tribunal shall fix the time and place for each hearing and shall give prior reasonable notice to each party. The arbitral tribunal may, upon a showing of good cause, make adjournments at the request of a party. A request by all parties for an adjournment shall be granted unless, in the judgment of the arbitral tribunal, such request will unduly inconvenience the arbitral tribunal or unduly protract the arbitration.

10. The arbitral tribunal may receive the evidence of witnesses by affidavit and shall give such evidence appropriate weight in light of any objection made by any party and the circumstances in which the affidavit is produced. Such affidavit shall be communicated to the other party at least 10 days before the oral hearing, or at the time of the filling of written submission under rule 7. Except for rebuttal purpuses, no expert witness shal be heard at the hearing unless an affidavit setting out his proposed evidence or annexing his written report has been so communicated.

11. Any party may be represented by counsel, whose appointment, identity and address shall be promptly disclosed to all other parties and to the arbitral tribunal.

12. The parties shall make the necessary arrangements for the taking of a stenographic record of the testimony presented at the hearing, whenever such record is desired by a party. The requesting party or parties shall initially pay the costs of such record subject to Rule 24.

13. The parties shall make the necessary arrangements for the services of an interpreter, if needed. The requesting party or parties shall initially pay the costs of such service subject to Rule 24.

14. Persons having a direct interest in the arbitration are entitled to attend hearings. It shall be within the discretion of the arbitral tribunal whether or not to permit the attendance of any other persons. The arbitral tribunal shall have the power to require the exclusion of any witnesses during the testimony of other witnesses.

15. Before proceeding with the hearing, or with the examination of the documents, each arbitrator shall take an oath of office as set out in schedule "A", unless such arbitrator has previously taken a similar general oath upon being admitted as an arbitrating member of an arbitrating association. Witnesses and interpreters shall take oaths as set out in schedule "A".

16. A minute shall be maintained of the proceedings of each hearing and shall set forth the time, place, and date of the hearing, the names of those present, including the names and addresses of witnesses, as well as a list of all exhibits received in evidence by the arbitral tribunal and their corresponding exhibit number. The minutes shall be signed by the presiding arbitrator.

17. The claimant shall first present its claim and evidence. The claimant’s witnesses shall be submitted to examination and cross-examination. The respondent shall then present its defence and evidence and the respondent’s witnesses shall submit to questions and cross-examination. The claimant shall then have an opportunity to present a rebuttal. At the close of proof, the claimant shall have an opportunity to present its summation and argument following which the respondent shall have a similar opportunity. The claimant shall then be permitted to make a short reply.

18. Following the parties’ summations, the arbitral tribunal shall inquire of all parties whether they have further evidence to offer or witnesses to be heard. Upon receiving negative replies, the arbitral tribunal shall declare the hearing closed. If written submissions are to be delivered, the hearing shall be declared closed as of the final date set by the arbitral tribunal for the delivery of the submissions. If documents are to be delivered and the date set for their delivery is later than that set for the delivery of the written submissions, then such later date shall be the date of closing of the hearing.

19. The arbitral tribunal may vary the order of proceedings in its discretion but shall afford a full and equal opportunity to all parties for the presentation of any material and relevant evidence.

20. Whenever the arbitral tribunal deems it necessary to make an inspection or investigation in connection with the arbitration, the parties shall be advised and the arbitral tribunal shall set the time and notify the parties accordingly. Any party who so desires may be present and accompanied by, or replaced by any consultants that the party so desires at such inspection or investigation.

 In the event that any of the parties is not represented at the inspection or investigation, the arbitral tribunal shall provide a verbal or written report to all parties and shall afford an opportunity for the receipt of comment or testimony in relation thereto. (This paragraph added on June 6^th 2001)

21.     (a) The arbitral tribunal shall render its award as expeditiously as possible. The award should normally be available within not more than 42 days from the closing of the hearings or, in cases where no hearings are held, from receipt of the written submissions or the delays allowed for the delivery thereof. In many cases, and in particular when the matter is one of urgency, the interval should be substantially shorter.

(b) The arbitral tribunal may award interest from the date of the breach or default until the date of payment. [added in 1989].

(c) The arbitral tribunal may grant any remedy or relief which it deems just and equitable including but not limited to orders in nature of specific performance. [Added in 1989].

22. The award, as well as all proceedings, shall have the following form of heading: "In the Matter of the Arbitration between A.B. and C D".

23. The arbitral tribunal shall, upon the written request of a, party, furnish to such party at that party’s expense, a certified facsimile of any documents in the arbitral tribunal’s possession. Such certification shall appear on the facsimile, and shall indicate whether the documents are originals or not.

24. Unless the arbitral tribunal otherwise awards:

(a) The expense of witnesses shall be paid by the party producing such witness;

(b) The expense of stenographers and interpreters shall be paid by the party requesting the service, or shall be pro

rated equally among all parties ordering copies of the stenographic record or benefitting from the services of

the interpreter;

(c) All other expenses of the arbitral tribunal shall be borne equally by the parties;

(d) The fees of an arbitrator, including travelling expenses, if any, shall be borne by the party appointing him, and

the fees and travelling expenses of the chairman shall be borne equally by the parties;

(e) The fees of counsel shall be borne by the party appointing such counsel.

however, in deciding to award otherwise, the arbitral tribunal, in its discretion, will be guided by the conduct of the parties and the substance of their cases. [Amended in 1988].

25. The arbitrators shall determine the amount of their fees. In fixing such amount, regard shall be had to (a) the time expected to hear, consider and determine the issues presented, (b) the magnitude of the claim or subject matter, (c) the complexity of the facts and issues, and (d) the importance or urgency of the matter being arbitrated. If the dispute is settled during the course of the arbitration, the arbitrators are nevertheless entitled to fees commensurate with their involvement in the arbitration.

26. The arbitrators may require the parties to deposit in advance such sums of money as deemed necessary to defray their fees and expenses and the arbitrators may also demand that their fees and expenses be paid before releasing the award.

27. The parties may modify any period of time set out in the Rules by mutual agreement. The arbitral tribunal may extend or shorten any period of time set out in the Rules upon a showing of good cause and shall notify the parties of any such extension or shortening of time and the reason therefor.

28. Unless stipulated to the contrary in advance, the parties agree, by consenting to the Rules, that the award issued in consequence thereof shall be remitted to the AMAC for filing and publication.

29. Any interlocutory application to the arbitral tribunal for directions shall be made only after the other party has been afforded a reasonable opportunity to agree to the terms of the directions proposed. Failing such agreement, the applicant shall apply to the arbitral tribunal in writing setting out the terms of the proposed directions. The application shall be copied on the other party, who may respond to the arbitral tribunal, with a copy to the applicant, within three (3) days of receipt of the application, or within such further time as the arbitral tribunal may allow. Unless either party has requested an oral hearing, the arbitral tribunal shall make its order following receipt of the response or failing a response.

31. Where a dispute does not exceed CDN 50 000,00$ the matter shall be put before a sole arbitrator. Should the parties not agree upon the appointment of a sole Arbitrator within 30 days of receipt of a request to do so from one of the parties, the AMAC shall appoint the sole arbitrator. Unless the sole arbitrator orders otherwise, the arbitration shall be on documents alone in accordance with rule 7. [Added in 1993].

 32. An arbitrator shall not be liable for anything done or omited in the discharge or purported discharge of arbitral function unless the act or omission is shown to have been in bad faith. [Added in 1998]

33. The parties may agree to seek to resolve their dispute(s), or any part of their dispute(s), at any time through mediation. Should the parties agree to mediate they will do so under the Mediation Rules set forth in Schedule "C". (This article added on June 6^TH, 2001)

34. The Code of Conduct set forth in Schedule "D" shall form part of these Rules. (This article added on June 6^TH, 2001)

These OATHS may be administered by the Chairman or by any one person to another, the affiant raising his right hand when being sworn.

1. Oath to be taken by arbitrators: "Do you solemnly swear that you will faithfully and fairly hear and examine the matter in controversy and make a just award, according to the best of your ability?"

2. Oath to be taken by Witnesses: "Do you solemnly swear that the testimony you are about to give shall be the whole truth?"

3. Oath to be taken by Interpreter: "Do you solemnly swear that you will faithfully and fairly translate in a verbatim and objective manner from the ___________ language to the ____________________ language or vice versa the oral or written communications you will be called upon to interpret?"

(Based on the Model Law on International Commercial Arbitration as adopted by the United Nations Commission on International Trade Law on June 21,1985)

Note: The word "international", which appears in paragraph (1) of article one of the Model Law has been deleted from paragraph (1) of article one below Paragraphs (3) and (4) of article one, which contain a description of when arbitration is international, are deleted. Paragraph (5) appears as paragraph (3).

1. This Code applies to commercial arbitration, subject to any agreement in force between Canada and any other State or States.
2. The provisions of this code, except articles 8, 9, 35 and 36, apply only if the place of arbitration is in Canada.
3. This Code shall not affect any other law of Parliament by virtue of which certain disputes may not be submitted to

arbitration or may be submitted to arbitration only according to provisions other than those of this Code.

For the purpose of this Code:

(a) "arbitration" means any arbitration whether or not administered by a permanent arbitral institution;

(b) "arbitral tribunal" means a sole arbitrator or a panel of arbitrators;

(c) "court" means a body or organ of the judicial system of a State;

(d) where a provision of this Code, except article 28, leaves the parties free to determine a certain issue, such freedom includes the right of the parties to authorize a third party, including an institution, to make that determination;

e) where the provision of this Code refers to the fact that the parties have agreed or that they may agree or in any other way refers to an agreement of the parties such agreement includes any arbitration rules refered to in that agreement;

(f) where a provision of this Code, other than in articles 25(a) and 32(2) (a), refers to a claim, it also applies to a counter-claim, and where it refers to a defence, it also applies to a defence to such counter-claim.

(1) Unless otherwise agreed by the parties:

(a) any written communication is deemed to have been received if it is delivered to the addressee personally or if it is delivered at his place of business, habitual residence or mailing address; if none of these can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressee’s last-known place of business, habitual residence or mailing address by registered letter or any other means which provides a record of the attempt to deliver it;

(b) The communication is deemed to have been received on the day it is so delivered.

(2) The provisions of this article do not apply to communications in court proceedings.

A party who knows that any provision of this Code from which the parties may derogate or any requirement under the arbitration agreement has not been complied with and yet proceeds with the arbitration without stating his objection to such non-compliance without undue delay or, if a time-limit is provided therefor, within such period of , time, shall be deemed to have waived his right to object.

In matters governed by this Code, no court shall intervene except where so provided in this Code.

The functions referred to in articles 11(3), 11(4), 13(3), 14,16(3) and 34(2) shall be performed by the Federal Court or any superior; county or district court.

(1) "Arbitration agreement"is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.

(2) The arbitration agreement shall be in writing. An agreement is in writing if it is contained in a document signed by the parties or in an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement, or in an exchange of statements of claim and defence in which the existence of an agreement is alleged by one party and not denied by another. The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement provided that the contract is in writing and the reference is such as to make that clause part of the contract.

(1) A court before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so requests not later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration unless it finds that the agreement is null and void, inoperative or incapable of being performed.

(2) Where an action referred to in paragraph (1) of this article has been brought, arbitral proceeding may nevertheless be commenced or continued, and an award may be made, while the issue is pending before the court.

It is not incompatible with an arbitration agreement for a party to request, before or during arbitral proceedings, from a court an interim measure of protection and for a court to grant such measure.

(1) The parties are free to determine the number of arbitrators.

(2) Failing such determination, the number of arbitrators shall be three.

 Article 11

(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties.

(2) The parties are free to agree on a procedure of appointing the arbitrator or arbitrators, subject to the provisions of paragraphs (4) and (5) of this article.

(3) Failing such agreement,

1. In an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two arbitrators thus appointed shall appoint the third arbitrator; if a party fails to appoint the arbitrator within thirty days of receipt of a request to do so from the other party, or if the two arbitrators fail to agree on the third arbitrator within thirty days of their appointment, the appointment shall be made, upon request of a party, by the court or other authority specified in article 6;

2. in an arbitration with a sole arbitrator, if the parties are unable to agree on the arbitrator, he shall be appointed,upon request of a party, by the court or other authority specified in article 6.

(4) Where, under an appointment procedure agreed upon by the parties,

1. a party fails to act as required under such procedure, or
2. the parties, or two arbitrators, are unable to reach an agreement expected of them under such procedure, or
3. a third party, including an institution, fails to perform any function entrusted to it under such procedure,

any party may request the court or other authority specified in article 6 to take the necessary measure, unless the agreement on the appointment procedure provides other means for securing the appointment.

(5) A decision on a matter entrusted by paragraph (3) or (4) of this article to the court or other authority specified in article 6 shall be subject to no appeal. The court or other authority, in appointing an arbitrator, shall have due regard to any qualifications required of the arbitrator by the agreement of the parties and to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and, in the case of a sole or third arbitrator, shall take into acount as well the advisability of appointing an arbitrator of a nationality other than those of the parties.

(1) When a person is approached in connection with his possible appointment as an arbitrator, he shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. An arbitrator, from the time of his appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties unless they have already been informed of them by him.

(2) An arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his impartiality or independence, or if he does not possess qualifications agreed to by the parties. A party may challenge an arbitrator appointed by him, or in whose appointment he has participated, only for reasons of which he becomes aware after the appointment has been made.

 Article 13

(1) The parties are free to agree on a procedure for challenging an arbitrator, subject to the provisions of paragraph (3) of this article.

(2) Failing such agreement, a party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstances referred to in article 12(2), send a written statement of the reasons for the challenge to the arbitral tribunal. Unless the challenged arbitrator withdraws from his office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge.

(3) If a challenge under any procedure agreed upon by the parties or under the procedure of paragraph (2) of this article is not successful, the challenging party may request, within thirdy days after having received notice of the decision rejecting the challenge, the court or other authority specified in article 6 to decide on the challenge, which decision shall be subject to no appeal; while such a request is pending, the arbitral tribunal, including the challenged arbitrator, may continue the arbitral proceedings and make an award.

1. If an arbitrator becomes de jure or de facto unable to perform his functions or for other reasons fails to act without undue delay, his mandate terminates if he withdraws from his office or if the parties agree on the termination. Otherwise, if a controversy remains concerning any of these grounds, any party may request the court or other authority specified in article 6 to decide on the termination of the mandate, which decision shall be subject to no appeal.

Where the mandate of an arbitrator terminates under article 13 or 14 or because of his withdrawal from office for any other reason or because of the revocation of his mandate by agreement of the parties or in any other case of termination of his mandate, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced.

(1) The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause.

(2) A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence. A party is not precluded from raising such a plea by the fact that he has appointed, or participated in the appointment of, an arbitrator. A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. The arbitral tribunal may, in either case, admit a later plea if it considers the delay justified.

(3) The arbitral tribunal may rule on a plea referred to in paragraph (2) of this article either as a preliminary question or in an award on the merits. If the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party may request, within thirty days after having received notice of that ruling, the court specified in article 6 to decide the matter, which decision shall be subject to no appeal; while such a request is pending, the arbitral tribunal may continue the arbitral proceedings and make an award.

Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, order any party to take such interim measure of protection as the arbitral tribunal may consider necessary in respect of the subject-matter of the dispute. The arbitral tribunal may require any party to provide appropriate security in connection with such measure.

The parties shall be treated with equality and each party shall be given a full opportunity of presenting his case.

(1) Subject to the provisions of this Code, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings.

(2) Failing such agreement, the arbitral tribunal may, subject to the provisions of this Code, conduct the arbitration in such manner as it considers appropriate. The power conferred upon the arbitral tribunal includes the power to determine the admissibility, relevance, materiality and weight of any evidence.

(1) The parties are free to agree on the place of arbitration. Failing such agreement, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties.

(2) Notwithstanding the provisions of paragraph (1) of this article, the arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for inspection of goods, other property or documents.

Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.

1. The parties are free to agree on the language or languages to be used in the arbitral proceedings.

Failing such agreement, the arbitral tribunal shall determine the language or languages to be used in the proceedings. This agreement or determination, unless otherwise specified therein, shall apply to any written statement by a party, any hearing and any award, decision or other communication by the arbitral tribunal.

(2) The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal.

(1) Within the period of time agreed by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall state his defence in respect of these particulars, unless the parties have otherwise agreed as to the required elements of such statements. The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit.

(2) Unless otherwise agreed by the parties, either party may amend or supplement his claim or defence during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow such amendment having regard to the delay in making it.

(1) Subject to any contrary agreement by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials. However, unless the parties have agreed that no hearings shall be held, the arbitral tribunal shall hold such hearings at an appropriate stage of the proceedings, if so requested by a party.

(2) The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purposes of inspection of goods, other property or documents.

(3) All statements, documents or other information supplied to the arbitral tribunal by one party shall be communicated to the other party. Also any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to the parties.

Unless otherwise agreed by the parties, if, without showing sufficient cause,

1. the claimant fails to communicate his statement of claim in accordance with article 23(1), the arbitral tribunal shall terminate the proceedings;
2. the respondent fails to communicate his statement of defence in accordance with article 23(1), the arbitral terminal shall continue the proceedings without treating such failure in itself as an admission of the claimant’s allegations;
3. any party fails to appear at a hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make the award on the evidence before it.

(1) Unless otherwise agreed by the parties, the arbitral tribunal

1. may appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal;
2. may require a party to give the expert any relevant information or to produce, or to provide access to, any relevant documents, goods or other property for his inspection.

(2) Unless otherwise agreed by his parties, if a party so requests or if the arbitral tribunal considers it necessary, the expert shall, after delivery of his written or oral report, participate in a hearing where the parties have the opportunity to put questions to him and to present expert witnesses in order to testify on the points at issue.

The arbitral tribunal or a party with the approval of the arbitral tribunal may request from a competent court of Canada assistance in taking evidence. The court may execute the request within its competence and according to its rule on taking evidence.

(1) The arbitral tribunal shall decide the dispute in accordance with such rules of law as are chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given State shall be construed, unless otherwise expressed, as directly referring to the substantive law of that State and not to its conflict of laws rules.

(2) Failing any designation by the parties, the arbitral tribunal shall apply the law determined by the conflict of laws rules which it considers applicable.

(3) The arbitral tribunal shall decide ex aequo et bono or as amiable compositeur only if the parties have expressly authorized it to do so.

(4) In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction.

In arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made, unless otherwise agreed by the parties, by a majority of all its members. However, questions of procedure may be decided by a presiding arbitrator, if so authorized by the parties or all members of the arbitral tribunal.

 Article 30

(1) If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms.

(2) An award on agreed terms shall be made in accordance with the provisions of article 31 and shall state that it is an award. Such an award has the same status and effect as any other award on the merits of the case.

 Article 31

(1) The award shall be made in writing and shall be signed by the arbitrator or arbitrators. In arbitral proceedings with more than one arbitrator, the signature of the majority of all members of the arbitral tribunal shall suffice, provided that the reason for any omitted signature is stated.

2) The award shall state the reasons upon which it is based, unless the parties have agreed that no reasons are to be given or the award is an award on agreed terms under article 30.

3) The award shall state its date and the place of arbitration as determined in accordance with article 20(1). The award shall be deemed to have been made at that place.

(4) After the award is made, a copy signed by the arbitrators in accordance with paragraph (1) of this article shall be delivered to each party.

(1) The arbitral proceedings are terminated by the final award or by an order of the arbitral tribunal in accordance with paragraph (2) of this article.

(2) The arbitral tribunal shall issue an order for the termination of the arbitral proceedings when:

1. the claimant withdraws his claim, unless the respondent objects thereto and the arbitral tribunal recognizes a legitimate interest on his part in obtaining a final settlement of the dispute;
2. the parties agree on the termination of the proceedings;
3. the arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible.

(3) The mandate of the arbitral tribunal terminates with the termination of the arbitral proceedings, subject to the provisions of articles 33 and 34(4).

 Article 33

(1) Within thirty days of receipt of of the award, unless another period of time has been agreed upon by the parties;

1. a party, with notice to the other party, may request the arbitral tribunal to correct in the award any errors in computation, any clerical or typographical errors or any errors of similar nature;
2. if so agreed by the parties, a party, with notice to the other party, may request the arbitral tribunal to give an interpretation of a specific point or part of the award.

If the arbitral tribunal considers the request to be justified, it shall make the correction or give the

interpretation within thirty days of receipt of the request. The interpretation shall form part of the award.

(2) The arbitral tribunal may correct any error of the type referred to in paragraph (1)(a) of this article on its own initiative within thirty days of the date of the award.

(3) Unless otherwise agreed by the parties, a party, with notice to the other party, may request, within thirty days of receipt of the award, the arbitral tribunal to make an additional award as to claims presented in the arbitral proceedings but omitted from the award. If the arbitral tribunal considers the request to be justified, it shall make the additional award within sixty days.

(4) The arbitral tribunal may extend, if necessary, the period of time within which it shall make a correction, interpretation or an additional award under paragraph (1) or (3) of this article.

(5) The provisions of article 31 shall apply to a correction or interpretation of the award or to an additional award.

(1) Recourse to a court against an arbitraI award may be made only by an application for setting aside in accordance with paragraphs (2) and (3) of this article.

2) An arbitral award may be set aside by the court specified in article 6 only if:

(a) the party making the application furnishes proof that:

(b) the court finds that:

3) An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the award or, if a request had been made under article 33, from the date on which that request had been disposed of by the arbitral tribunal.

(4) The court, when asked to set aside an award, may, where appropriate and so requested by a party, suspend the setting aside proceedings for a period of time determined by it in order to give the arbitral tribunal an opportunity to resume the arbitral proceedings or to take such other action as in the arbitral tribunal’s opinion will eliminate the grounds for setting aside.

1. An arbitral award, irrespective of the country in which it was made, shall be recognized as binding and, upon application in writing to the competent court, shall be enforced subject to the provisions of this article and

article 36.

2. The party relying on an award or applying for its enforcement shall supply the duly authenticated original award or a duly certified copy thereof, and the original arbitration agreement referred to in article 7 or a duly certified copy thereof. If the award or agreement is not made in an official language of Canada, the party shall supply a duly certified translation thereof in such language.

 Article 36

1. Recognition or enforcement of an arbitral award, irrespective of the country in which it was made, may be refused only:

1. at the request of the party against whom it is invoque, if that party furnishes to the competent court where recognition or enforcement is sought proof that:

(i) a party to the arbitration agreement referred to in article 7 was under some incapacity; or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made; or

(ii) the party against whom the award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case;or

(iii) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted , that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced; or

(iv) the composition of the arbitral tribunal or arbitral procedure was not in accordance with agreemment of the parties or,failing such agreement, was not in accordance with the law of the country where the arbitration took place; or

(v) the award has not yet become binding on the parties or has been set aside or suspended by a court of the country in which, under the law of which, that award was made; or

2. if the court finds that:

If an application for setting aside or suspension of an award has been made to a court referred to in paragraph (1)(a)(v) of this article, the court where recognition or enforcement is sought may, if it considers it proper, adjourn its decision and may also, on the application of the party claiming recognition or enforcement of the award, order the other party to provide appropriate security.

1. These rules may be referred to as "The AMAC Mediation Rules"
1. In these Rules, unless the context otherwise requires:

1. "Association" means the Association of Maritime Arbitrators of Canada
2. "President" means the President for the time being of the Association
3. "Mediation" means and includes mediation, conciliation, and any other form of agreed dispute resolution other than litigation and arbitration
4. "Mediator" means and includes one or more persons appointed or nominated for the purpose of mediation
5. Words specifying the masculine include the feminine.

4. If the party initiating mediation does not receive a written reply within thirty days from the date on which it sends the invitation, or within such other period of time as specified in the invitation, there will be no mediation procedure.

1. If the parties are unable to agree on the appointment of a mediator, they may apply in writing to the President for the appointment of a mediator. Such application shall be accompanied by a brief summary of the matters in dispute. Each party shall send a copy of its application and the summary to the other parties. The President may call for such further information as he may require. He shall then appoint the mediator and shall notify the parties of his name and address.
2. Where the parties have agreed that each party should appoint a mediator and one or more of the parties has failed to make the appointment, the party or parties who have made the appointment may apply in writing to the President for the appointment of a mediator on behalf of the defaulting party or parties, and the procedure indicated in the preceding paragraph shall be followed.
3. If the mediator resigns or is otherwise unwilling or unable to serve, a replacement mediator will be selected in the manner provided for in Article 5.1.

1. The mediator shall assist the parties in an independent, neutral and impartial manner in their attempt to reach an amicable settlement of their dispute. He shall be guided by principles of objectivity, fairness and justice, giving consideration to, among other things, the rights and obligations of the parties, the usages of the trade concerned and the circumstances surrounding the dispute, including any previous business practices between some or all of the parties.
2. The mediator may conduct the mediation proceedings in such manner as he considers appropriate, taking into account the circumstances of the case, the wishes the parties may express, including any request by a party that the mediator hear oral statements, and the need for a speedy settlement of the dispute.
3. The mediator may at any time make proposals for the settlement of the dispute. Such proposal may be oral or in writing and need not be accompanied by any reasons therefor.
4. The mediator may invite the parties to meet with him or may communicate with them orally or in writing. He may meet or communicate with the parties together or with each of them separately.
5. Where the mediator receives factual information concerning the dispute from a party, he shall disclose the substance of that information to the other party or parties so that the other party or these other parties may have the opportunity to present any explanation which it or they consider appropriate. However, when a party gives information to the mediator subject to a specific condition that it be kept confidential, the mediator shall not disclose that information to the other party.
6. The mediator may, with the consent of the parties, call any witness whom he thinks may be able to assist in the mediation.
7. Unless the parties have agreed upon the place where meetings with the mediator are to be held, such place will be determined by the mediator, after consultation with the parties, having regard to the circumstances of the mediation proceedings.
8. The mediator shall not be liable for any act or omission arising from his role as mediator.

1. The parties may be represented or assisted by persons of their choice. The names and addresses of such persons are to be communicated in writing to the other party and to the mediator; such communication is to specify whether the appointment is made for purposes of representation or of assistance.
2. All parties must attend a mediation session in person. Corporations, societies, or other legal persons must be represented by a person with full knowledge of the facts and full authority to settle the dispute, or ready access to someone with such authority.

1. The mediator, upon his appointment, shall request each party to submit to him a brief written statement describing the general nature of the dispute and the points at issue. Each party shall send a copy of its statement to the other party or parties.
2. The mediator may request each party to submit to him a further written statement of its position and the facts and grounds in support thereof, supplemented by any documents and other evidence that such party deems appropriate. The party shall send a copy of its statement to the other party or parties.
3. At any stage of the mediation procedure the mediator may request a party to submit to him such additional information as he deems appropriate.

1. When it appears to the mediator that there exist elements of a settlement which would be acceptable to the parties, he shall formulate the terms of a possible settlement and submit them to the parties for their observations. After receiving the observations of the parties, he may reformulate the terms of a possible settlement in the light of such observations.
2. If the parties reach agreement on a settlement of the dispute, they shall draw up and sign a written settlement agreement. The mediator may draw up, or assist the parties in drawing up, the settlement agreement.
3. The parties, by signing the settlement agreement, put an end to the dispute and are bound by the agreement.
4. The mediator may, if so requested by the parties, draw up the settlement agreement in the form of an arbitration award.

1. The mediation proceeding is terminated:

1. by the signing of the settlement agreement by the parties or by the signing of an arbitration award, on the date of such agreement or award;
2. by a written declaration of the parties to the effect that further efforts at mediation are no longer justified, on the date of the declaration;
3. by a written declaration of a party to the other party or parties to the effect that the mediation procedure is terminated on the date of the declaration;
4. by a written declaration of the mediator to the effect that further efforts at mediation are no longer justified on the date of the declaration.

1. Unless all parties to the mediation procedure otherwise agree, the parties undertake not to rely on the following as evidence in arbitration or judicial proceedings, whether or not those proceedings relate to the dispute that is the subject of the mediation procedure;

1. views expressed or proposals made by any party in respect of a possible settlement of the dispute;
2. admissions made by any party in the course of the mediation procedure
3. proposals made by the mediator;
4. the fact that a party had indicated its willingness to accept a proposal for settlement made by the mediator.

1. This Code of Conduct is intended to give guidance as to the practical application of the AMAC Rules of Procedure. It is intended to be read in conjunction with, but always as subsidiary to, those Rules.
2. The object of the arbitration must be to obtain the resolution of the dispute by an impartial tribunal without unnecessary delay or expense.
3. The arbitration should be conducted in a dignified and professional manner. This does not mean that it must be unduly formal, but it must reflect the serious nature of the proceeding.

1. Beyond the preliminary inquiries mentioned above, an arbitrator should not hold any private discussion with the party appointing him or with its attorney about any aspect of the case other than strictly "housekeeping" matters such as possible dates for hearings.
2. Once an arbitrator has been appointed, he/she should have no contact whatever with any of the parties except in the presence of (or, in correspondence, with copies to) all of the other parties and the other members of the tribunal.
3. An arbitrator’s failure to act impartially and independently may be grounds for disqualification.

1. The tribunal should seek early confirmation from the parties (normally at a preliminary conference) as to the full issues between them if these are not clear from the materials submitted.
2. At the first oral hearing, if any, the tribunal should encourage the parties to give a brief opening statement to summarise the points in dispute, the evidence to be offered and the arguments to be made.
3. If a party raises an objection on any point (whether relating to jurisdiction, discovery, questions put to a witness or otherwise), the tribunal should not hesitate to require the party raising the objection to explain it, and the opposing party to respond. It is not unreasonable for the tribunal to require the parties to submit authority in support of their respective positions.
4. Where no stenographic record is being kept of the proceedings, the tribunal should ensure that a complete written record is kept of any objection made (whether upheld or not) unless such objection is subsequently withdrawn.
5. Where argument is to be presented orally without written submissions, the tribunal should not hesitate to require each party to submit in advance a written "skeleton" argument.

1. It is desirable that each of the members of a tribunal should charge his/her time at the same rate.
2. It is desirable that the Award should specify only the total fee payable to the tribunal, with allocation between the parties as appropriate. The division of such total fee between the members of the tribunal should normally be a confidential matter. (Similarly, it is desirable that any interim billing should be made by way of a single invoice.)
3. Where the dispute is settled before any significant amount of work has been done by an arbitrator, no charge should be made for his/her services. Where a significant amount of work has been done prior to settlement which is directly related to the issue(s) so settled (e.g. studying documents in preparation for hearings), it is regarded as reasonable to charge for this effort.

1. Article 28 of the AMAC Rules states that, unless stipulated to the contrary in advance, the parties agree that the Award should be remitted to AMAC for filing and publication. The tribunal should enquire as to the intentions/agreement of the parties in this regard at any early stage in the proceedings.
2. Article 31(2) of the Commercial Arbitration Code, which is incorporated in the AMAC Rules of Procedure, provides that a reasoned Award will be issued unless the parties agree otherwise. The tribunal should enquire as to the intention/agreement of the parties in this regard prior to the close of hearings.
3. The Award should state that, where one party has paid in the first instance that part of the tribunal’s fee which is properly payable by the other party, such payment is recoverable from that other party.
4. When an Interim Award is to be issued, it should state clearly which matters are finally decided and which matters remain outstanding.
5. In drafting the Award, it is desirable that the tribunal should expressly reserve jurisdiction to deal with any questions which may arise as to its meaning (for example, as to the precise calculation of interest) and to correct any clerical or arithmetical mistakes which it may contain.

1. If either party wishes to have the tribunal deal with liability separately from damages, or with a preliminary point of construction or interpretation of a contract, this should be accepted unless it is evident that the rights of the other party will be prejudiced by such a division.
2. Where two disputes which involve common questions of fact or law are referred to the same tribunal, the tribunal should normally agree to any request for consolidation or concurrent hearings unless it is evident that this may prejudice the rights of any of the parties.

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