Western and Central Africa
Eastern and Southern Africa
Eastern Europe and Central Asia
These Rules apply for AFSA, ADRASA, and PROPERTY ASSOCIATION
1. SUPERVISION OF THE AFSA SECRETARIAT
1.1 The 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.
1.2 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
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, 2 copies of the arbitration agreement and should indicate
the amount in dispute, if applicable.
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
5 ADMINISTRATION FEE
5.1 Once 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.
5.2 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
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.
6.5 The ARBITRATOR has 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 ARBITRATOR acting under the AFSA
Rules for Administered Arbitrations. All powers and functions
exercised by the ARBITRATOR shall be in accordance with the
provisions of the Arbitration Act of 1965.
7 INTERLOCUTORY 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 ARBITRATOR to grant such interlocutory order or give the
required temporary relief and the ARBITRATOR shall 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 ARBITRATOR then, and then only, should the
parties refer such matter to an appropriate Court.
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.
Should any party fail to co-operate either way with the
Secretariat or with the ARBITRATOR with the result that in the view
of the ARBITRATOR such default or omission prejudices the
arbitration process then the ARBITRATOR can either -
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
10.1 The ARBITRATOR must give his/her award within 30 (thirty)
days after finalisation of the proceedings unless the parties
otherwise agree or unless the AFSA Secretariat permits an extension
of that time.
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
At the request of any party the ARBITRATOR may 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 Rule 70 of the High Court. The ARBITRATOR shall
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.