Arbitration of accounts
If no agreement is reached at the end of the conciliation process, the case is referred to the Council for the arbitration of accounts upon the client’s request.
It is important to note that the number of disputes that go to arbitration is minimal; the conciliation process most often suffices to settle the matter.
Application for arbitration
A client who is unhappy with the conciliation report may apply for arbitration to the Order’s Secretary to the Council for the arbitration of accounts. More specifically, the client must first complete and sign the application for arbitration form and the solemn declaration included with the syndic’s conciliation report.
The solemn declaration must be certified by a commissioner for oaths or a person authorized to receive solemn declarations (your bank manager, lawyer or notary, etc.).
The client can apply for arbitration within 20 days of receiving the syndic's conciliation report.
Upon receiving the application for arbitration, the Secretary to the Council for the arbitration of accounts appoints the members who will make up the panel seized of the dispute. At least 10 days prior to the hearing date, the Secretary notifies the parties of the date, time and location of the hearing, along with the names of the arbitrators.
All parties must attend the hearing. For compelling reasons, the arbitrators may postpone the hearing to a later date. A request to change the date and time of a hearing must be made to the Secretary to the Council for the arbitration of accounts as soon as possible so that the Secretary can advise you of the procedure to follow.
At the hearing, arbitrators hear the parties and receive their evidence under flexible rules of procedure, and then render a decision.
The arbitrators may uphold or reduce the amount of the account in dispute. Certain deadlines must be met in accordance with the applicable regulation respecting the conciliation and arbitration of accounts.
Arbitration awards rendered by the Council for the arbitration of accounts are final, without appeal, binding on the parties and executory under the Code of Civil Procedure.