Register of arbitrators

Listing updated January 29, 2024

The JAC, together with the Arbitrator’s Association of B.C., has created a mentorship program to help emerging arbitrators develop the necessary arbitration skills.

An emerging arbitrator works with an established arbitrator and is given substantial exposure to the arbitration process. An established arbitrator is one having ten years or more experience as an active labour arbitrator and mediator with that being the principal focus of their practice. To be a mentor, an established arbitrator must have  the ability, alone or in conjunction with other arbitrators, to provide substantial exposure to the conduct of hearings, mediation and the writing of decisions during the mentorship. Mentorship is a period of approximately one year or more and involves training with respect to the conduct of hearings, mediation and the writing of decisions.

This helps the emerging arbitrator learn and develop skills to conduct hearings and  write decisions.

 If you have questions about mentorship, contact the Director of CAAB

There are two ways arbitrators can become qualified to be placed on the Register of Arbitrators:

• Experience as an arbitrator through consensual appointments by the parties
• Successful completion of CAAB’s mentorship program

The JAC advises the Director of qualified arbitrators for placement on the Register of Arbitrators. The JAC assesses an arbitrator based on the following criteria:

Mutual acceptability

The primary criterion for all those who are placed on the Register of Arbitrators is that they be accepted as impartial and neutral by employers and unions. Such acceptability will normally be evidenced by the applicant having received a reasonable number of consensual rights appointments or through mentorship.

Experience in labour dispute resolution

Candidates for placement on the Register may have acquired relevant experience by one or more of the following means:

• chairing boards of labour arbitration
• acting as a nominee for either party
• arbitration case presentation
• Labour Relations Board case presentation
• successful completion of arbitrator development program or mentorship

Practical experience in collective bargaining

Practical experience includes either of the following:

• spokesperson during collective agreement negotiations
• representative in grievance administration with authority to resolve grievances

Special Skills or Training

Candidates should be able to demonstrate that they have special skill or training in several of the following areas:

• conduct of hearings/tribunals to make sure there is a fair hearing/due process
• case management
• mediation
• dispute resolution
• labour relations/collective bargaining
• employment law
• labour relations law
• Workers Compensation Board reviews/appeals
• ability to communicate effectively
• ability to write clear, concise and timely arbitration awards
• ability to analyse issues, facts and evidence
• mentorship

Personal suitability, for example:

• maturity of judgement
• impartiality
• objectivity
• ability to conduct arbitration hearings

B.C. Practice

Arbitrators who are placed on the Register must have an established active arbitration practice in British Columbia

Availability

Arbitrators who are placed on the Register must be available to accept assignments throughout B.C. and make sure hearings are held and awards issued within the strict time limits set out in Section 104 of the Code.

Other Relevant Factors

The JAC may consider other factors which it considers relevant.

The Director, on the advice of the JAC, will review regularly the suitability of those arbitrators placed on the Register. In addition to satisfying the initial placement criteria, arbitrators must satisfy the following criteria for continued placement:

Community Acceptance

Community acceptance can be measured by the number of consensual appointments an arbitrator receives under a collective agreement pursuant to the Code, the breadth of appointments by industry or parties, and other related factors, as may be determined by the JAC.

Mutual Acceptability

An Arbitrator must receive at least five consensual rights arbitration appointments in one year (each with a different set of parties) or an average of 15 consensual appointments over a three-year period.

An arbitrator who is named in a collective agreement and receives an arbitration appointment during its current term, can count that appointment (each with a different set of parties) toward the five or 15 requirement.  

Where an arbitrator has been unavailable due to sabbatical, maternity/paternity/parental leave or other reasons which the JAC considers appropriate, the arbitrator must receive fifteen consensual appointments as a rights arbitrator under the Code over a three-year period, as extended by the time on leave

Availability

Arbitrators must be willing to accept a reasonable number of CAAB appointments per year in recognition of service to the community

Professional Development

The JAC may consider relevant continuing education and professional development (attendee/presenter) as factors in determining currency.

Mentorship

An arbitrator who has been initially placed on the Register of Arbitrators through the mentorship program shall, within a reasonable time as determined by the JAC, be expected to have developed their own active arbitration practice and satisfy the continuing placement criteria herein.       

Publication of Awards

Arbitrators must issue their awards in a timely manner

Discretionary

The JAC may consider an arbitrator for continuing placement who may not satisfy all established criteria but who has otherwise demonstrated a presence and acceptance within the community.