Establishment Agreement

Dispute Resolution

10.01 Resolution by consensus

The Parties shall make every effort to resolve disputes arising from this Agreement by discussion and mutual consensus. In the event that best efforts to reach consensus have not succeeded, the dispute may proceed to arbitration as set out below.

10.02 Appointment of arbitrator

Arbitrators shall be appointed as follows:

1. Upon written demand of a Party, the Parties shall attempt to appoint a single arbitrator.
2. If the Parties are unable to agree on a single arbitrator within fifteen days of the date of the written demand, then, unless otherwise agreed, upon further written demand of any Party, and within ten days of such demand, each Party shall name an arbitrator and those arbitrators shall, within five further days, name a fifth.
3. If any Party fails to appoint an arbitrator within the ten days of such further demand, or if the appointed arbitrators fail to appoint a fifth within the further five day period, then the appointment or appointments shall be made by a judge of the Supreme Court of the Northwest Territories.

10.03 Qualifications of arbitrators

The arbitrator or arbitrators chosen pursuant to paragraph 10.02 of this Agreement shall be qualified by education and training to decide the particular question or questions in dispute and shall act at all times in an unbiased manner.

10.04 Procedure

The procedure followed by the arbitrator or arbitrators chosen pursuant to paragraph 10.02 of this Agreement shall be as follows:

1. Hearing Date: subject to the mutual agreement of the Parties, the arbitrator or arbitrators shall proceed to hear and determine the question or questions in dispute;
   1. in the case of a single arbitrator, within forty-five days of his or her appointment; and
   2. in the case of more than one arbitrator, within seventy days of the written demand;
      subject in each case to circumstances which could not reasonably be foreseen.
2. Appointment of New Arbitrators: If the single arbitrator fails to make a decision within sixty days of his or her appointment, or if the arbitrators, or a majority of them, fail to make a decision within eighty-five days of the written demand, then any Party may elect to have a new arbitrator or new arbitrators chosen as if none had been previously selected.
3. Procedure: Except as otherwise set out in this Article, the arbitrator or arbitrators shall set their own procedure having regard to the complexity of the issues before them.
4. Majority Vote: Where more than one arbitrator has been chosen, their decision shall be made by majority vote.
5. Decision: The decision of the arbitrator or arbitrators, or a majority of them, shall be made in writing, and shall be binding on the Parties.
6. Costs: Costs of arbitration, including the compensation and expenses of the arbitrator or arbitrators, shall be in the discretion of the arbitrator or arbitrators.