Notice and
appointment of board of appeal. Either party may appeal against the
award by giving written notice to the other party and to the BCA, to be received
by each within 30 days of the date of publication of the award. The BCA notice
must include copies of the award, the contract, the notice of appeal sent to the
other party and the usual deposit towards fees, costs and expenses.
The BCA Arbitration and Contracts Committee then
appoints the board of appeal, three members for quality disputes and five
members for all other disputes. The board decides by majority vote, with the
chairperson having a casting vote in the event of any equality of votes. The
board may require the appellant to deposit such security as it deems fit;
failure to make the deposit within the laid-down time limit will render the
original award final and binding. Objections to a member or members of a board
of appeal may be lodged, in writing, not later than 14 days before the
commencement of the hearing.
Submission of
written statements. An appeal constitutes a new hearing, and fresh
evidence (if any) will be admitted. The board may confirm, vary, amend or set
aside the original award as it thinks fit. A statement giving the appellant's
case must be sent, together with supporting evidence and in eight copies, to the BCA secretary not later than 21 days after giving notice of appeal. Failure to
do so will render the original award final and binding. The BCA will copy the
statement and supporting evidence to the defendant who must, not later than 14
days from receipt, submit a statement of their defence together with any other
supporting evidence, again in eight copies. The appellant then, again, has the
final word of reply within 14 days of receipt. All these limits may be extended
if the board so permits.
Hearing and
award. The board of appeal shall have the power to conduct the
arbitration in such a manner in all respects as it considers necessary while
giving each party a reasonable opportunity of putting their case and dealing
with that of their opponent. The board may adopt procedures suitable for the
particular case and for avoiding unnecessary delay and expense. It may also make
such interim orders as the members may think fit for the interim protection,
warehousing, sale or disposal of the subject matter of the arbitration. The
board may employ legal advisers, assessors or other experts to advise it and
such persons may attend the hearing. But the parties to the dispute may appear
or be represented at the hearing by legal counsel only if they so requested in
their statements of claim or defence, and then only with the prior approval of
the board of appeal.
This it may grant or withhold at its discretion. In
any case the original arbitrators or umpire may not represent any of the
parties.
Within a reasonable time from the date of the
hearing, the board of appeal shall make in writing and shall sign a reasoned
award which, subject to any valid appeal to the High Court (if available under
the BCA rules), shall be final and binding. Such an appeal may only be made on a
point of law, not just because one disagrees with the award. Should the court
agree that grounds do exist on a point of law then the most likely outcome is
that the award is remitted back to the board of appeal with directions to
reconsider a specific aspect. The award also states the costs and expenses of
the appeal, the fees payable, and which of the parties is responsible for paying
them, and the board may direct that any amounts awarded shall carry interest,
simple or compound, at a rate set in the award.
The arbitration fees shall be set at the discretion
of the board of appeal. If the award is not taken up within 30 days the BCA can
direct one of the parties to take up the award and pay the fees, costs and
expenses. If not then taken up within 10 days the BCA may by action recover all
outstanding amounts from any or all of the parties, or deduct these from any
monies that may have been deposited in advance.