TITLE I ARBITRATION PROCEEDINGS

CHAPTER I

GENERAL PROVISIONS

940. The provisions of this Title apply to an arbitration where the parties have not made stipulations to the contrary. However, articles 940.2, 941.3, 942.7, 943.2, 945.8 and 946 to 947.4, as well as article 940.5 where the object of the service is a judicial proceeding, are peremptory.

1965 (1st sess.), c. 80, a. 940; 1986, c. 73, s. 2.

940.1. Where an action is brought regarding a dispute in a matter on which the parties have an arbitration agreement, the court shall refer them to arbitration on the application of either of them unless the case has been inscribed on the roll or it finds the agreement null.

The arbitration proceedings may nevertheless be commenced or pursued and an award made at any time while the case is pending before the court.

1986, c. 73, s. 2.

940.2. Except in the case of article 940.1 or matters under the exclusive jurisdiction of the Superior Court, the court or judge referred to in this Title is the court or judge having jurisdiction to decide the matter in dispute submitted to the arbitrators.

1986, c. 73, s. 2.

940.3. A judge or the court cannot intervene in any question governed by this Title except in the cases provided for therein.

1986, c. 73, s. 2.

940.4. A judge or the court may grant provisional measures before or during arbitration proceedings on the motion of one of the parties.

1986, c. 73, s. 2.

940.5. The service of documents shall be made in accordance with this Code.

1986, c. 73, s. 2.

940.6. Where matters of extraprovincial or international trade are at issue in an arbitration, the interpretation of this Title, where applicable, shall take into consideration

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

(2) the Report of the United Nations Commission on International Trade Law on the work of its eighteenth session held in Vienna from 3 to 21 June 1985;

(3) the Analytical Commentary on the draft text of a model law on international commercial arbitration contained in the report of the Secretary-General to the eighteenth session of the United Nations Commission on International Trade Law.

1986, c. 73, s. 2.

CHAPTER II

APPOINTMENT OF ARBITRATORS

941. There shall be three arbitrators. Each party shall appoint one arbitrator, and the two so appointed shall appoint the third.

1965 (1st sess.), c. 80, a. 941; 1986, c. 73, s. 2.

941.1. If one of the parties fails to appoint an arbitrator within 30 days after having been notified by the other party to do so, or if the arbitrators fail to concur on the choice of the third arbitrator within 30 days after their appointment, a judge shall make the appointment on the motion of one of the parties.

1986, c. 73, s. 2.

941.2. If the procedure of appointment contained in the arbitration agreement proves difficult to put into practice, a judge may on the motion of one of the parties take any necessary measure to bring about the appointment.

1986, c. 73, s. 2.

941.3. The decision of the judge under articles 941.1 and 941.2 is final and without appeal.

1986, c. 73, s. 2.

CHAPTER III

INCIDENTAL CESSATION OF ARBITRATOR\'S APPOINTMENT

942. In addition to the grounds set forth in articles 234 and 235, an arbitrator may be recused if he does not have the qualifications agreed by the parties.

1965 (1st sess.), c. 80, a. 942; 1986, c. 73, s. 2.

942.1. An arbitrator must declare to the parties any ground of recusation to which he is liable.

1986, c. 73, s. 2.

942.2. The party having appointed an arbitrator may propose his recusation only on a ground of recusation which has arisen or been discovered since the appointment.

1986, c. 73, s. 2.

942.3. The party proposing recusation shall make a written statement of his reasons to the arbitrators within 15 days after becoming aware of the appointment of all the arbitrators or of a ground of recusation.

If the arbitrator whose recusation is proposed does not withdraw or the other party does not accept the recusation, the other arbitrators shall come to a decision on the matter.

1986, c. 73, s. 2.

942.4. If the recusation cannot be obtained under article 942.3, a party may within 30 days of being so advised apply to a judge to decide the matter.

The arbitrators, including the arbitrator whose recusation is proposed, may continue the arbitration proceedings and make their award while such a case is pending.

1986, c. 73, s. 2.

942.5. If an arbitrator is unable to perform his duties or fails to perform them in reasonable time, a party may apply to a judge to have his appointment revoked.

1986, c. 73, s. 2.

942.6. If the procedure of recusation or revocation of appointment of an arbitrator contained in the arbitration agreement proves difficult to put into practice, a judge may on the motion of one of the parties decide the matter of the recusation or revocation of appointment.

1986, c. 73, s. 2.

942.7. The judge\'s decision on the matter of recusation or revocation of appointment is final and without appeal.

1986, c. 73, s. 2.

942.8. The prescribed procedure for the appointment of an arbitrator applies for his replacement.

1986, c. 73, s. 2.

CHAPTER IV

COMPETENCE OF ARBITRATORS

943. The arbitrators may decide the matter of their own competence.

1965 (1st sess.), c. 80, a. 943; 1986, c. 73, s. 2.

943.1. If the arbitrators declare themselves competent during the arbitration proceedings, a party may within 30 days of being notified thereof apply to the court for a decision on that matter.

While such a case is pending, the arbitrators may pursue the arbitration proceedings and make their award.

1986, c. 73, s. 2.

943.2. A decision of the court during the arbitration proceedings recognizing the competence of the arbitrators is final and without appeal.

1986, c. 73, s. 2.

CHAPTER V

ORDER OF ARBITRATION PROCEEDINGS

944. A party intending to submit a dispute to arbitration must notify the other party of his intention, specifying the matter in dispute.

The arbitration proceedings commence on the date of service of the notice.

1965 (1st sess.), c. 80, a. 944; 1986, c. 73, s. 2.

944.1. Subject to this Title, the arbitrators shall proceed to the arbitration according to the procedure they determine.

1986, c. 73, s. 2.

944.2. The arbitrators may require each of the parties to produce a statement of his claims with the supporting documents within an allotted time.

Each of the parties shall transmit a copy of the statement and documents to the opposite party within the same time.

Every expert\'s report or other document which the arbitrators may invoke in support of their decision must be transmitted to the parties.

1986, c. 73, s. 2.

944.3. Proceedings are oral. A party may nevertheless produce a written statement.

1986, c. 73, s. 2.

944.4. The arbitrators must give notice to the parties of the date of the hearing and, where such is the case, the date on which they will inspect the property or visit the place.

1986, c. 73, s. 2.

944.5. The arbitrators shall record the default and may continue the arbitration proceedings if one of the parties fails to state his claims, to appear at the hearing or to produce the evidence in support of his claims.

If the party having submitted the dispute to arbitration fails to state his claims, the arbitrators shall terminate the proceedings unless one of the other parties objects.

1986, c. 73, s. 2.

944.6. Witnesses are summoned in accordance with articles 280 to 283.

Where a person who has been duly summoned and to whom a loss of time indemnity and travel, meal and overnight accommodation allowances have been advanced fails to appear, a party may request the judge to compel the person to appear in accordance with article 284.

1986, c. 73, s. 2; 2002, c. 7, s. 147.

944.7. The arbitrators have the power to administer oaths.

1986, c. 73, s. 2; 1999, c. 40, s. 56.

944.8. Where, without a valid reason, a witness refuses to answer or refuses to produce any real evidence in his possession which is connected with the dispute, a party may with leave of the arbitrators apply to a judge to issue a rule under article 53.

1986, c. 73, s. 2; 1994, c. 28, s. 39.

944.9. Articles 307, 308, 309, 316 and 317 apply to the hearing of witnesses.

1986, c. 73, s. 2.

944.10. The arbitrators shall settle the dispute according to the rules of law which they consider appropriate and, where applicable, determine the amount of the damages.

They cannot act as amiables compositeurs except with the prior concurrence of the parties.

They shall in all cases decide according to the stipulations of the contract and take account of applicable usage.

1986, c. 73, s. 2.

944.11. Every decision of the arbitrators shall be rendered by a majority of voices. One arbitrator, however, with authorization of the parties or of all the other arbitrators may decide questions of procedure.

Written decisions must be signed by all the arbitrators; if one of them refuses to sign or cannot sign, the others must record that fact and the decision has the same effect as if it were signed by all of them.

1986, c. 73, s. 2.

CHAPTER VI

ARBITRATION AWARD

945. The arbitrators are bound to keep the advisement secret. Each of them may nevertheless, in the award, state his conclusions and the reasons on which they are based.

1965 (1st sess.), c. 80, a. 945; 1986, c. 73, s. 2.

945.1. If the parties settle the dispute, the arbitrators shall record the agreement in an arbitration award.

1986, c. 73, s. 2.

945.2. The arbitration award must be made in writing by a majority of voices. It must state the reasons on which it is based and be signed by all the arbitrators; if one of them refuses to sign or is unable to sign, the others must record that fact and the award has the same effect as if it were signed by all of them.

1986, c. 73, s. 2.

945.3. The arbitration award must contain an indication of the date and place at which it was made.

The award is deemed to have been made at the indicated date and place.

1986, c. 73, s. 2.

945.4. The arbitration award binds the parties upon being made.

1986, c. 73, s. 2.

945.5. The arbitrators may of their own motion, within 30 days after making the arbitration award, correct any error in writing or calculation or any other clerical error in the award.

1986, c. 73, s. 2.

945.6. The arbitrators may, on the application of a party made within 30 days after receiving the arbitration award,

(1) correct any error in writing or calculation or any other clerical error in the award;

(2) interpret a specific part of the award, with the prior agreement of the parties;

(3) render a supplementary award on a part of the application omitted in the award.

The interpretation forms an integral part of the award.

1986, c. 73, s. 2.

945.7. Any decision of the arbitrators correcting, interpreting or supplementing the award pursuant to an application contemplated in article 945.6 must be rendered within 60 days after the application. Articles 945 to 945.4 apply to the decision.

If the arbitrators do not render their decision before the expiry of the prescribed time, a party may apply to a judge to make any order for the protection of the rights of the parties.

1986, c. 73, s. 2.

945.8. The decision of the judge under article 945.7 is final and without appeal.

1986, c. 73, s. 2.

CHAPTER VII

HOMOLOGATION OF THE ARBITRATION AWARD

946. An arbitration award cannot be put into compulsory execution until it has been homologated.

1965 (1st sess.), c. 80, a. 946; 1986, c. 73, s. 2.

946.1. A party may, by motion, apply to the court for homologation of the arbitration award.

1986, c. 73, s. 2.

946.2. The court examining a motion for homologation cannot enquire into the merits of the dispute.

1986, c. 73, s. 2.

946.3. The court may postpone its decision on the homologation if an application has been made to the arbitrators by virtue of article 945.6.

If the court acts pursuant to the first paragraph, it may, on the application of the party applying for homologation, order the other party to provide security.

1986, c. 73, s. 2.

946.4. The court cannot refuse homologation except on proof that

(1) one of the parties was not qualified to enter into the arbitration agreement;

(2) the arbitration agreement is invalid under the law elected by the parties or, failing any indication in that regard, under the laws of Quebec;

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

(4) the award deals with a dispute not contemplated by or not falling within the terms of the arbitration agreement, or it contains decisions on matters beyond the scope of the agreement; or

(5) the mode of appointment of arbitrators or the applicable arbitration procedure was not observed.

In the case of subparagraph 4 of the first paragraph, the only provision not homologated is the irregular provision described in that paragraph, if it can be dissociated from the rest.

1986, c. 73, s. 2.

946.5. The court cannot refuse homologation of its own motion unless it finds that the matter in dispute cannot be settled by arbitration in Quebec or that the award is contrary to public order.

1986, c. 73, s. 2.

946.6. The arbitration award as homologated is executory as a judgment of the court.

1986, c. 73, s. 2.

CHAPTER VIII

ANNULMENT OF THE ARBITRATION AWARD

947. The only possible recourse against an arbitration award is an application for its annulment.

1965 (1st sess.), c. 80, a. 947; 1986, c. 73, s. 2.

947.1. Annulment is obtained by motion to the court or by opposition to a motion for homologation.

1986, c. 73, s. 2.

947.2. Articles 946.2 to 946.5, adapted as required, apply to an application for annulment of an arbitration award.

1986, c. 73, s. 2.

947.3. On the application of one party, the court, if it considers it expedient, may suspend the application for annulment for such time as it deems necessary to allow the arbitrators to take whatever measures are necessary to remove the grounds for annulment, even if the time prescribed in article 945.6 has expired.

1986, c. 73, s. 2.

947.4. The application for annulment must be made within three months after reception of the arbitration award or of the decision rendered under article 945.6.

1986, c. 73, s. 2.