Arbitration Procedure

Arbitration Procedure


  1. The following rules and procedures shall apply to any arbitration under the terms of use of the www.konkrete.ca and www.yellowshoes.com websites (the “Agreement”) in respect of any Claim between you (for the purposes of this Schedule, the “Customer”) and, YELLOW unless the parties expressly agree otherwise in writing.
  2. All arbitrations under the Agreement shall be governed by the legislation applicable to commercial arbitration in the province or territory in which the Customer resides, or, if no such legislation is in effect, the provisions of the Quebec Code of Civil Procedure, Book VII (arbitration), except as modified by this Agreement. If a conflict or inconsistency arises between such legislation and this Agreement, this Agreement will govern.
  3. Any reference to "days" in this Schedule shall mean clear business days.
  4. Every Claim shall be resolved by one arbitrator, to be mutually agreed upon by the parties, in accordance with paragraph 7, below.
  5. All notices, requests or other communications to or upon the respective parties hereto shall be given in writing and will be given by personal delivery, reputable delivery service, registered mail or telecopier (except in the case of a notice to initiate the arbitration process under paragraph 6, below, which shall be given by registered mail, return receipt requested) addressed as follows:

in the case of YELLOW:

GROUPE YELLOW INC.
5680 rue St-Dominique 
Montréal, Quebec
H2T 1V6
Canada

Attention: Legal Services

Fax: 514-273-9514

in the case of the Customer, at the last address provided by the customer to YELLOW as indicated in the customer’s account with YELLOW.

  1. A party (the "Complainant") shall initiate the arbitration process by giving written notice ("Notice") to the other party (the "Respondent").

The Notice shall contain the following information:

a statement that an arbitration pursuant to Section « 17 » and Schedule « A » of the Agreement has been initiated;

a description, in reasonable detail, of the Claim and a list of the specific issues to be decided by the arbitrator; an

a list of the documents in the Complainant's possession that are relevant to the Claim, in sufficient detail to allow the Respondent to determine the general nature and subject matter of the documents

  1. Within ten (10) days from the date the Notice is received by the Respondent, the parties shall agree on an arbitrator to be appointed from the arbitrators associated with The Canadian Commercial Arbitration Centre, in Montréal, Québec, The ADR Chambers in Toronto, Ontario or the British Columbia International Commercial Arbitration Centre who is a lawyer licensed to practice in the province or territory in which the arbitration is to take place or a retired justice from a court of such province or territory and who is able to begin hearing the arbitration within sixty (60) days from the date the Notice is received by the Respondent. In the event that the parties are unable to agree on the selection of the arbitrator, an arbitrator who meets the aforementioned eligibility criteria shall be appointed by The Canadian Commercial Arbitration Centre, in Montréal, Québec, whose decision in this regard shall be final and binding.
  2. Within ten (10) days from receipt of the Notice, the Respondent shall advise the Complainant which documents from the Complainant's list of documents the Respondent wishes to inspect or obtain copies of. The Complainant shall satisfy the Respondent's request within ten (10) days of receiving it.
  3.  Within twenty (20) days from receipt of the Notice or from satisfaction of the Respondent's request referred to in paragraph 8 above, whichever is later, the Respondent shall provide the Complainant with a response to the Notice (including any counterclaim) (the "Answer") in accordance with paragraph 5 above. The Answer shall also be provided to the arbitrator. The Answer shall contain the following information:

the Respondent's position on each of the issues raised in the Notice, together with a description, in reasonable detail, of any counter-claim asserted by the Respondent; and

a list of the documents in the Respondent's possession that are relevant to the Claim (or counter-claim, if any), in sufficient detail to allow the Complainant to determine the general nature and subject matter of the documents.

  1. Within ten (10) days from receipt of the Answer, the Complainant shall advise the Respondent which documents from the Respondent's list of documents the Complainant wishes to inspect or obtain copies of. The Respondent shall satisfy the Complainant's request within ten (10) days of receiving it.
  2. Within ten (10) days from receipt of the Answer or from satisfaction of the Complainant's request referred to in paragraph 10 above, whichever is later, the Complainant may provide the Respondent with a reply to the Answer (the "Reply") in accordance with paragraph 5 above. The Reply shall contain the Complainant's response to any new matters raised by the Answer, and a copy of the Reply shall be provided to the arbitrator.

 

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