Where can you get an electronic application form?
  1. A PDF version of the application can be found at https://www.cicma.ca/Arbitration
  2. The Arbitration Agreement can be reviewed or downloaded as well.
Is there a place where we can review previous cases to see how they were ruled?
Previous cases are not available as they are confidential. “Arbitration Secretaries are authorized to destroy closed files one year after a decision is rendered in a case or a year after the case has been withdrawn from Arbitration.”
Does the matter need to be sent to the Chapter where the loss happened or where the Senior Claims person is from?
Cases shall be under the territorial jurisdiction of any Arbitration Province Panel appointed by the Chapter in the Province where the accident or other event, which gave rise to the controversy, occurred, except with the prior mutual consent of the converting parties.
Would the CICMA consider a rule where if the Respondent is unsuccessful that they reimburse the Applicant the filing fee?
The CICMA is not considering this option currently. The National Chapter will review this request.
What documentation should the applicant provide to prove pre-Arbitration discussions were held?
The details of the pre-Arbitration discussions should be noted on the Arbitration Application.
Do the application fees have to be paid before a panel reviews the matter?
What happens if there is no evidence that the applicant sent the Application to the respondent?
Your Chapter’s Arbitration Director should be able to verify filing of the Application.
When submitting the application, can you refer to any case law to enforce the insurer’s position?
Case law would be helpful to the Arbitration Panel in their deliberations. We encourage you to include a copy of the full case with your materials.
When submitting the application, how important is it to include photos? Are they helpful?
Any document, including photos, that help to illustrate your position are helpful and we encourage you to include these documents with your submission.
Is there a penalty levied for a company taking legal action outside of Arbitration?
The Arbitration Agreement does not provide any penalties. The only penalty would be awarded by the courts if costs were awarded regarding the motion to dismiss the matter.
Can an Applicant provide amendments or a rebuttal to their application?
We have not seen this in any previous Arbitrations, but we would certainly consider all relevant material as long as it was provided to the respondent with sufficient time for them to respond prior to the Arbitration.
Is there a process in place to assist when a pre-Arbitration officer is not engaging in quality discussion?
We recommend you reach out to the Arbitration Director for your chapter. They may be able to reach out to someone at the offending company. Or you can escalate this to the Senior Management of your company and ask that they contact the senior management of the responding company.
The Arbitration Agreement does not apply to coverage issues. What about the merits of the denial specific to coverage?
The Arbitration Agreement does not apply to any matters where lack of coverage is at issue and will not review merits around a denial related to coverage.
Would you be able to agree to lower the amount to fall within the $50,000 or $100,000?
Parties can agree to abandon the amount of your claim over the monetary limit and it can proceed to an arbitration panel.
Why won’t ICBC participate in Arbitration?
They are not signatory to the Inter-Company Arbitration Agreement.
Can cargo claims be arbitrated?
Inland marine is not an exception to the Agreement, as long as the other criteria are met, you can arbitrate inland cargo claims.
Claim involving two signatory companies-one party is motor vehicle, the other a skid steer. Occurred in a parking lot. Can the matter go to Arbitration?
If both parties are signatory to the Arbitration Agreement. It does not have to be two auto policies, or two property policies. Most of what we see in Ontario are Property Insurers subrogating against a Liability Insurer.
What happens if the third party does not co-operate and provide their insurance details?
Arbitration can only proceed with insurers. If the third party will not provide their insurance details, then you cannot arbitrate. You would have to take action against the third party in a court of law.
Is there ever going to be anything in the Settlement Agreement regarding traffic circles? How would a Panel address traffic circles?
This is an issue regarding the Fault Determination Rules, not the Arbitration Agreement. Amendments would need to be made to the Fault Determination rules as set out in the Agreement Respecting Standardization of Claim Forms and Practices and Guidelines for the Settlement of Claims. This is a separate agreement from the Intercompany Arbitration Agreement. Companies may be signatory to one but not the other. It is this agreement which is owned by IBC which provides direction for settlement of automobile liability disputes.
Why is there no requirement to provide written statements from the parties involved?
We do not dictate how the parties advance their case. That is up to the parties to determine what information they wish to present to the panel.
Accident happened in Buffalo, NY. We are insured with Old Republic Canada. TP is insured with Chubb Canada. Would we be able to proceed with Intercompany ARB?
The Canadian Inter-Company Arbitration Agreement shall be considered applicable to accidents, insured events, or losses occurring only within the territorial limits of Canada, except with the mutual consent of the controverting parties.
Are parties prohibited from having counsel or, for examples, an articling student or LPP candidate appear on their behalf?
  1. This is a claims agreement, intended to be managed within claims departments. The hearing attendance has minimal impact though, as the only role the representative can play is to present the evidence already submitted with the application or response. The representatives that attend will be given time to present their evidence, but may not introduce any evidence not already provided. Panel members may ask questions of the representative, but once this discourse is complete, the representative is excused and told that the decision will be sent to them in due course. Calling witnesses, cross examining witnesses, arguing with opposing representatives are not part of this process.
  2. Legal opinions can be included as part of your submission.
It’s unlikely that even in-house staff are actually part of the claims department, and are thus unable to fulfil the roles within the Agreement requiring “senior claims representatives”; as cited in the following:
  1. Holding the responsibility to attempt to settle controversies by direct negotiations. (paragraph 3, page 5)
  2. Commencing an Arbitration proceeding, and receiving the application at the respondent company ( procedure 2, page 7; procedure 4, page 8)
  3. Acting as representative of respondent (procedure 5a, page 8)
Hearings Rule 8 on page 10, allows for “members of their staffs” to represent them at hearing. This role is not specific, other than requiring the representative to be a staff member.

The spirit of this agreement is that the controversy is decided within claims departments, and avoiding lawyers and litigation.
Can a party who has issued a Statement of Claim refuse to bring the matter back to the Inter Company Arbitration process?
We cannot force a party to abandon litigation. The Respondent, if required to defend an action that ought to be arbitrated, can bring a motion to have the claim dismissed. The motion will be successful as the Applicant has agreed to arbitrate such matters.
Would it be prudent to await a ruling on the viability of the Arbitration before dismissing any litigation at court?
The Arbitration Agreement states that the signatory companies are bound to forego litigation and in place thereof submit to Arbitration. If the matter meets the Arbitration Agreement criteria, it must proceed to Arbitration.
For the limitation period, is there a discoverability principal applied, or is it strictly based on the date of loss?
  1. The limitation period that applies to the agreement is the same that applied to in tort claims. If the claim can proceed in that jurisdiction because of a discoverability principle, it should be allowed to proceed to Arbitration.
  2. Limitation is a defence that the respondent can argue if they wish.
What is the ETA on increasing the limit to 100K?
The Agreement has been updated to include the increase in the monetary limit to $100,000.00. This will be sent out to the Signatories for a vote. We anticipate a response in the fall of 2021.
On the increase to the 100k Intercompany Arbitration limit. Is there a Plan B? By that I mean if we don’t get 90% agreement is there an option to develop a supplementary signatory list for companies who are willing to agree to the 100k limit? Basically, all signatory companies agree to the 50k limit, but these 22 companies have agreed to a 100k limit for Arbitrations between them?
If we don’t get the 90%, then the options are:
  1. Companies can agree to arbitrate over the $50,000 but you can’t enforce it.
  2. If there is agreement, they can choose to have CICMA arbitrate, or CDL has agreed to do an Arbitration panel at the same cost $200.00.
  3. It is not possible to have the 22 companies separated for the limit.