Motor Vehicle, Personal Injury & Insurance Disputes
Private arbitration can provide an effective means of resolving discrete motor vehicle and insurance disputes where the parties require a binding determination outside the court process. These matters may include insurer-to-insurer priority disputes, loss-transfer claims, coverage and indemnity issues, contribution disputes, and other insurance-related questions requiring adjudication. Where appropriate, parties may also agree to submit defined issues arising from tort litigation, including liability, causation or damages, to private arbitration before Robert Karrass.
Three Arbitration Streams
Robert offers three arbitration formats designed to match the process to the nature, complexity and value of the dispute.
Motion in Writing
For disputes that can be determined on a documentary record, Robert reviews the evidentiary materials and written submissions filed by the parties and delivers a reasoned decision without an oral hearing.
Oral Motion
For disputes requiring a more developed evidentiary record and oral advocacy, the parties may rely on affidavit evidence, documentary exhibits, examination transcripts and other agreed materials, as appropriate, followed by focused oral submissions before Robert.
Focused Oral Hearing
For disputes requiring viva voce evidence, credibility findings or a fuller evidentiary record, Robert conducts a streamlined oral hearing with witnesses, documentary evidence, cross-examination and oral submissions, tailored to the issues that actually require determination.
A Focused, Practical Approach
Robert structures each arbitration around the issues that genuinely require adjudication, with an emphasis on proportionality, efficiency and procedural fairness. The process is designed to be no more complicated than the dispute requires, while still giving the parties a fair opportunity to present their evidence and submissions and receive a clear, reasoned determination.
Fee Schedule
| Arbitration stream | Fee |
|---|---|
| Motion in WritingIncludes up to ten (10) hours for review of the documentary record, written submissions and preparation of the reasons for decision. | $5,500 |
| Oral MotionIncludes a half-day oral hearing and up to ten (10) hours for review of the evidentiary record, written materials and preparation of the reasons for decision. | $8,000 |
| Focused Oral HearingIncludes one full day of hearing time and up to ten (10) hours for review of the evidentiary record, written materials and preparation of the reasons for decision. | $9,850per hearing day |
Additional preparation time, where requested by the parties or agreed to in advance as warranted by the complexity or volume of the materials, and any additional time reasonably required to complete the reasons for decision, will be billed at $550.00 per hour.
Unless otherwise agreed, arbitration fees are shared equally between the parties. HST will be added to all invoices.
Arbitration Enquiries
Because the appropriate arbitration process will depend on the nature of the dispute, the evidentiary record and the anticipated hearing time, arbitrations are not booked directly through the online calendar.
Counsel are asked to contact Robert Karrass in advance to discuss the issues to be determined, the most appropriate arbitration stream, the materials to be filed and the anticipated length of the proceeding. Once the process and timing have been agreed upon, an arbitration date can be scheduled.