1. Rule 15 (a) provides that the tribunal shall decide all procedural and evidential matters, provided that it shall, where appropriate, have regard to any agreement reached by the parties in this regard. The normal procedure to be adopted is set out in the Second Schedule to the Rules, with the tribunal having power at any time to vary that procedure.
2. The Claimant must send the Respondent a written request for arbitration. This ought to be sent:
- to the domicilium address chosen in the contract, or
- where there is no chosen address in the contract, to the attorney representing the Respondent in the dispute, or
- if no attorneys is on record yet, then to the party concerned at their principal place of business or registered address,
- if the parties have been communicating by email then by email to the address(es) habitually used by the Respondent in those communications.
3. The request for arbitration must set out succinctly:
- The nature and quantum of the claim;
- The core facts upon which the claim is based;
- The arbitration agreement or arbitration clause relied on must be identified;
- The number of arbitrators to be appointed;
- The full names of the arbitrator or arbitrators suggested by the Claimant if the panel is to consist of one arbitrator;
- The full names of the arbitrator chosen by the Claimant if the panel is to consist of more than one arbitrator.
4. The Arbitration proceedings will commence on the date when the request for the dispute to be referred to arbitration is received by the Respondent.
5. The Respondent must respond to the request for arbitration within 7 calendar days stating:
- Whether they dispute that the matter is subject to arbitration and if so upon what grounds;
- Whether they intend to defend the arbitration proceedings and if so (briefly) on what grounds;
- Whether they intend to advance a counterclaim in the arbitration proceedings and if so the same details of the counterclaim as are referred to in paragraph 2 (a) and (b) above;
- A response to the Claimant’s suggestions as to the appointment of asole arbitrator in its request for arbitration;
- The full names of the arbitrator appointed by the Respondent if the panel is to consist of more than one arbitrator.
6. The process of appointing the arbitrator(s) is set out at paragraphs 8 - 11 of the Rules.
7. On appointment of the arbitrator or arbitrators, the Appointment Fee is to be paid to each of them by the party that appoints them (currently R5 000 + vat per arbitrator), in accordance with paragraph A of the First Schedule to the Rules.
8. Claim submissions are ordinarily served within 28 days after appointment of a sole arbitrator, and defence and counterclaim submissions within 28 days thereafter. Reply submissions, if there is no counterclaim, are usually served within 14 days after the defence submissions, and if there is a counterclaim within 28 days after service of the counterclaim, together with the defence submissions to the counterclaim.
9. However, the arbitration procedure and time frames shall be determined by the arbitrator(s), after consultation with the parties, and for this purpose the arbitrator may, after his appointment, call a pre arbitration meeting.
