to mirror the court process, these advantages might well be lost
 It is evident from the statutory provisions that the arbitration process need not be the same as a court process. Section
26(1) of the Arbitration Act enables an arbitrator to determine
the procedure to be followed and provides that the arbitration
may be on the basis of documents or the arbitrator may hold
hearings for the presentation of evidence and oral argument.
 There are, however, minimum requirements that apply to
the arbitration process: ( i) the parties must be treated equally
and fairly; ( ii) each party must have an opportunity to present a
case and respond to the case of the other party; and ( iii) the arbitration must be conducted in accordance with the law of Ontario
and Canada and no other law.
 In Kainz v. Potter,  O.J. No. 2441, 2006
CarswellOnt 3703,  W.D.F.L. 3464, 33 R.F.L. (6th) 62
(S.C.J.), Linhares de Sousa J. reviewed the requirement in
s. 19 of the Arbitration Act that the parties be treated equally
and fairly. She articulated the requirement that an arbitrator
“conduct [the] arbitration hearing in a manner that is fair and
equal to both parties and that allows both parties to present
their case and respond to the case of the other party” (Kainz, at
 In annotated comments to Kainz v. Potter, Philip Epstein
(Philip Epstein, Annotation of Ontario Superior Court of Justice,
2006, Kainz v. Potter. Online, Carswell: 2006 CarswellOnt 3703)
emphasized the need to comply with the rules of natural justice:
No matter what the parties agree to as a form of arbitration process, they
cannot abrogate or avoid the rules of natural justice. That is to say, the
hallmark of an arbitration is that it is conducted with neutrality and fairness to both sides. Natural justice implies that each party know the case
that they have to meet and that they are given a full opportunity to present
 The requirements were also considered in Hercus v.
Hercus,  O.J. No. 534,  O.T.C. 108 (S.C.J.), at para.
75, where Templeton J. states:
It is settled law that the right to a fair hearing is an independent and
unqualified right. Arbitrators must listen fairly to both sides, give parties a
fair opportunity to contradict or correct prejudicial statements, not receive
evidence from one party behind the back of the other and ensure that
the parties know the case they have to meet. An unbiased appearance is, in
itself an essential component of procedural fairness.
 There is, in my opinion, no basis for concluding that there
was unequal or unfair treatment of either party in this case.
Each party agreed to the process. Each party had legal counsel.