Applying for Arbitration

Arbitration has Many Benefits

  • Fast and cost-effective way to resolving disputes among Insurance Companies.
  • The process is less formal so the speed from Application to Resolution is quick.
  • Legal counsel is not involved resulting in:
    • Hard cost savings in legal expense, and
    • Soft cost savings as staff spend less time examining and directing counsel
Download Application Form View Instructions

Applying for Arbitration

To apply for Arbitration, download the application forma and follow these instructions:

  1. Arbitration Fee payable by the Applicant:
    • The Applicant to complete the Applicant section of this form and submit to your local Arbitration Chair along with a cheque in the amount of $250.00 payable to CICMA. Ontario Chapter add HST $32.50. HST Number 82055 2792.
    • If the Respondent is cross claiming a fee of $250.00 applies, submit the completed Application along with a cheque to your Local Arbitration Chair. Ontario Chapter add HST $32.50 HST Number 82055 2792.
  2. The Application plus documents are emailed to your Chapter’s Arbitration Chair and to the Respondent. To locate your Arbitration Chair go to https://www.cicma.ca/arbitration
  3. Response is required within 30 days of the Respondent receiving the Application Form.

Note: Documents will be destroyed one year after the hearing.

Where to Send Your Application

ARBITRATION PROCESS

  1. An applicant must have held pre-arbitration discussions with the respondent indicating the date the discussions were held on the application form. Failure to pre-arbitrate will result in the case being returned to the applicant by the Arbitration Director/Secretary. The filing fee will not be refunded and must be resubmitted should the case be refiled.
  2. An Arbitration proceeding is commenced by a senior claims representative of a signatory company filing an "Inter-Company Arbitration Application” electronically to the applicable Chapter’s Arbitration Director/Secretary. At the same time an electronic copy of the Application is to be submitted by the applicant directly to the senior claim’s representative of the respondent. If there is more than one respondent company in a case, the applicant shall so indicate on the "InterCompany Arbitration Application" and send an electronic copy to each respondent company.
  3. The Respondent shall complete the respondent's portion of the Application and file electronically within 30 days with the Arbitration Director/Secretary. An electronic copy shall also be transmitted directly to the senior claim’s representative of the applicant as well as to any other respondent.
  4. An Arbitration Panel shall consist of an Arbitration Chair and two other members selected by them, except that controverting parties may mutually agree to less than three arbitrators in a specific case.
  5. Where the amount in dispute is less than $5,000 a one-member panel shall be selected.
  6. If mutually agreed by the parties involved matters outside of the Agreement can be heard:
    1. Greater than $50,000
    2. Not all parties are Signatory to the Agreement
    3. Territory is outside of Canada

Keys to Success

  • Build your legal case for damages using appropriate arguments and supporting evidence.
  • Provide clear and supporting evidence of Duty Owed, Duty Breached, Proximate Cause, Damages/Quantification.
  • Be clear and concise with your arguments, highlight the most important information.
  • Supporting documents should be clearly labeled.