2001年南非仲裁基金会加速仲裁规则思维导图

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2023-03-09

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仲裁规则

仲裁法

仲裁规则

The Arbitration Foundation of Southern Africa

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ARBITRATIONS

These Rules apply for AFSA, ADRASA, and PROPERTY ASSOCIATION arbitrations.

1. SUPERVISION OF THE AFSA SECRETARIAT

1.2 Parties to any dispute undertake to co-operate with the AFSA Secretariat in order to assist it in its functions. Parties further undertake to deal with any requests made to them by the Secretariat quickly and constructively.

1.3 The address of the AFSA Secretariat is c/o AFSA at Maisels Chambers, 4 Protea Place, Sandown, or PO Box 653007, Benmore,2010, Telephone no. (011) 884-9917/320-0600 and Fax no. (011) 320-0533, Docex 143, Randburg.

1.4 Any communications between the parties and the ARBITRATOR should take place through the AFSA Secretariat, which is always available to assist the parties with their queries concerning procedural aspects of the dispute and in clarifying issues arising out of these Rules.

2 INITIATING DISPUTE RESOLUTION

3 EARLY SETTLEMENT PROCEDURES

The AFSA Secretariat will take steps to encourage the parties to settle any dispute amicably and quickly. However, where in the opinion of the Secretariat the prospect of settlement is slim, the AFSA Secretariat will notify the parties that it has referred the matter to arbitration and the steps set out in the rest of the Rules will follow.

4 SELECTING THE ARBITRATOR

The AFSA Secretariat will enquire from the parties whether they have agreed on an ARBITRATOR and, if so, such ARBITRATOR will be appointed by the Secretariat to resolve the dispute. If, on enquiry, it appears that the parties have not agreed on an ARBITRATOR, then the Secretariat will itself select and appoint a suitable ARBITRATOR, and, if necessary, any substitute or alternative ARBITRATOR where appropriate. Any ARBITRATOR appointed through the AFSA Secretariat will be required to accept the Code of Conduct for ARBITRATORS, a copy of which is available from the AFSA Secretariat.

5 ADMINISTRATION FEE

from the AFSA Secretariat.

5.2 Should any one party fail to pay its share of any administration fee or cost when requested by the AFSA Secretariat, that party will lose the right to participate in the arbitration process, so long as that party is in default of payment. The proceedings will continue to their conclusion in the absence of such party, unless the ARBITRATOR orders otherwise in the special circumstances of any case. Where one party is excluded by reason of default, the Secretariat will revise the fees payable by the remaining party to cover all costs and expenses subject to the right of the paying party to recover if so ordered by the ARBITRATOR.

6 RULES FOR ARBITRATION PROCEEDINGS

6.1 The ARBITRATOR will notify the parties of a date to meet with the ARBITRATOR in order to determine the procedure to be followed to finalise the dispute.

6.2 The ARBITRATOR may require the parties to set out their respective claims and answers in writing, or in greater detail, on such terms as he/she may require.

6.3 It shall be entirely within the power and competence of the ARBITRATOR to decide upon any matters related to the proper preparation of the dispute for hearing and in that regard the ARBITRATOR will direct the parties accordingly.

6.4 The ARBITRATOR will set the date for hearing and choose the venue for the hearing and determine all mattes regarding any aspect of the hearing. Moreover the ARBITRATOR can decide whether at the hearing the parties are to be given leave to adduce oral evidence or whether they will be confined to presenting their cases in writing or by some other appropriate procedure. In this regard, the ARBITRATOR will be guided by considerations of fairness, the cost-effective resolution of the dispute, and the need

to resolve the dispute quickly.

7 INTERLOCUTORY MATTERS AND TEMPORARY ORDERS

8 CONFIDENTIALITY

The proceedings shall be confidential. Neither the parties nor the ARBITRATOR shall disclose to third parties any information regarding the proceedings, the award, or settlement terms unless the parties otherwise agree in writing.

9 DEFAULT

9.1 give that party written notice that unless it remedies the default or omission within a given time, it will forfeit the right to continue to participate in the arbitration with the same consequences as set out in 5.2 above, or

9.2 warn the party in writing that its default or omission may make it liable to a punitive order of costs irrespective whether it succeeds in the arbitration or not and such punitive award of costs may include an order of attorney and client costs or attorney and own

client costs as those expressions are understood in the Uniform Rules of Court.

10 THE AWARD

10.2 The ARBITRATOR’s award must be published to the parties in an appropriate fashion as determined by the AFSA Secretariat.

10.3 Unless the parties have in writing instructed the AFSA Secretariat otherwise at any time before the final award is given, there shall be no right of appeal from the award. In cases where the AFSA Secretariat has been instructed otherwise, the appeal provisions contained in Article 22 of the AFSA Rules for Commercial Arbitrations will apply.

11 TAXATION OF COSTS

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