An arbitration must adhere to the fundamental principles that the parties are treated fairly and equally, and that each party be given an opportunity to present his or her case. These principles are the foundation of all arbitral proceedings in Canada. In Ridout & Maybee LLP v. Johnston, the court stated:
The obligation of an arbitrator under sub-section 19(1) of the Act to treat the parties “equally and fairly” in an arbitration is a requirement directed towards procedural fairness in the conduct of the arbitration. “In essence, s. 19 incorporates the principles of natural justice.”
6.1 RULES OF PROCEDURE
The strength of the arbitral process is the ability to tailor the procedure to the dispute at hand. A skilled arbitrator can, by the use of pre-hearing meetings and orders regarding procedure, help the parties devise a process that cuts to the core of the dispute, but maintains the essential elements of fairness and due process.
Unless the parties have agreed otherwise, the arbitral tribunal determines the procedure to be followed in the arbitration, so long as it is in accordance with the mandatory provisions of the relevant Domestic Act or Model Law at the place of arbitration. For example, The Quebec Code of Civil Procedure provides: “Arbitrators conduct the arbitration according to the procedure they determine; they are required, however, to see that the adversarial principle and the principle of proportionality are observed.”