法律

年南非仲裁基金会加速仲裁规则

  The Arbitration Foundation of Southern Africa

  RULES FOR EXPEDITED

  ARBITRATIONS

  These Rules apply for AFSA,ADRASA,and PROPERTY ASSOCIATIONarbitrations。

  1、SUPERVISION OF THE AFSA SECRETARIAT

  1.1The AFSA Secretariat is a body appointed and constituted by the Alternative Dispute Resolution Association of South Africa(“ADRASA”)in order to supervise and administer the resolution of disputes under these Rules。

  1.2Parties 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。

  1.3The address of the AFSA Secretariat is c/o AFSAat Maisels Chambers,4Protea Place,Sandown,or PO Box653007,Benmore,2010,Telephone no。(011)884-9917/320-0600and Fax no。(011)320-0533,Docex143,Randburg。

  1.4Any communications between the parties and the ARBITRATORshould 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。

  2INITIATING DISPUTE RESOLUTION

  Any party to a dispute(the CLAIMANT)shall initiate the dispute resolution procedure by notifying the AFSA Secretariat in writing,briefly declaring the nature of the dispute,and sending a copy to the other party or parties to the dispute(the DEFENDANT/S)。Such notification should include the full contact details of the other parties,2copies of the arbitration agreement and should indicate the amount in dispute,if applicable。

  3EARLY 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。

  4SELECTING THE ARBITRATOR

  The AFSA Secretariat will enquire from the parties whether they have agreed on an ARBITRATORand,if so,such ARBITRATORwill 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 ARBITRATORwhere appropriate。Any ARBITRATORappointed 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。

  5ADMINISTRATION FEE

  5.1Once the matter is referred to the AFSA Secretariat by the CLAIMANT,the parties will be requested to pay the prescribed administration and arbitrator’s fee and,from time to time as the proceedings progress,such other fees and costs as may be payable。The tariff for such fees and costs are available on request

  from the AFSA Secretariat。

  5.2Should 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 ARBITRATORorders 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。

  6RULES FOR ARBITRATION PROCEEDINGS

  6.1The ARBITRATORwill notify the parties of a date to meet with the ARBITRATORin order to determine the procedure to be followed to finalise the dispute。

  6.2The ARBITRATORmay 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。

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

  6.4The ARBITRATORwill set the date for hearing and choose the venue for the hearing and determine all mattes regarding any aspect of the hearing。Moreover the ARBITRATORcan 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 ARBITRATORwill be guided by considerations of fairness,the cost-effective resolution of the dispute,and the need

  to resolve the dispute quickly。

  6.5The ARBITRATORhas the widest discretion and powers allowed by law to ensure that the just,expeditious,economical and final determination of all the disputes raised in the proceedings including the matter of costs and,if needs be,he/she shall have all the powers accorded to an ARBITRATORacting under the AFSA Rules for Administered Arbitrations。All powers and functions exercised by the ARBITRATORshall be in accordance with the provisions of the Arbitration Act of1965。

  7INTERLOCUTORY MATTERS AND TEMPORARY ORDERS

  Should the need arise for any party to seek interim or temporary relief before the arbitration is finalised,that party may apply to the ARBITRATORto grant such interlocutory order or give the required temporary relief and the ARBITRATORshall have the same power to do so as if the matter were one heard by a Judge of the High Court save that if by law such power or order cannot be exercised or given by an ARBITRATORthen,and then only,should the parties refer such matter to an appropriate Court。

  8CONFIDENTIALITY

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

  9DEFAULT

  Should any party fail to co-operate either way with the Secretariat or with the ARBITRATORwith the result that in the view of the ARBITRATORsuch default or omission prejudices the arbitration process then the ARBITRATORcan either-

  9.1give 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 in5.2above,or

  9.2warn 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。

  10THE AWARD

  10.1The ARBITRATORmust give his/her award within30(thirty)days after finalisation of the proceedings unless the parties otherwise agree or unless the AFSA Secretariat permits an extension of that time。

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

  10.3Unless 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 Article22of the AFSA Rules for Commercial Arbitrations will apply。

  11TAXATION OF COSTS

  At the request of any party the ARBITRATORmay direct the Secretariat to appoint a person from its Legal Costs Panel to tax any bill of costs relating to any costs order given in the arbitration and any such person shall proceed to tax the bill upon the same basis and tariff as though he/she were a taxing a taxing master acting under Rule70of the High Court。The ARBITRATORshall direct which party shall pay the fee of the person appointed to tax and shall thereafter incorporate in his/her award the amount so taxed which shall then become part of his/her award。