If the party claiming arbitration (known as the Claimant) wishes to have a sole arbitrator, then before the time limit in the rules for claiming arbitration expires, they write to the other party seeking their agreement to the appointment of a sole arbitrator. The other party (known as the Respondent) then has nine days to respond either agreeing to the appointment of a sole arbitrator or appointing and serving a notice on the Claimant of the arbitrator they appoint. If the parties agree to the appointment of a sole arbitrator, the Association will appoint an arbitrator on receipt of the first set of submissions.
Appointing arbitrators to a tribunal of three arbitrators
The Claimant, before the expiry of the time limit for claiming arbitration, notifies the other party of the Gafta Qualified Arbitrator they have appointed. The other party (known as the Respondent) then has nine days to notify the Claimant of the arbitrator he has appointed to the Tribunal. On receipt of the first set of submissions, the Association will then appoint the third Member who will also be the Chairman, to complete the Tribunal of three arbitrators.
What do I do if I do not know who to appoint as an arbitrator?
Apply to the Secretariat and Gafta will appoint an arbitrator for you. There is no charge for this service.
What do I do if the other party fails to appoint an arbitrator?
If the other party fails to appoint an arbitrator then Gafta will appoint an arbitrator on receipt of:
- A copy of the Contract incorporating the Gafta Arbitration Rules
- A Copy of the Notice to the other party that of your intention to refer the dispute to arbitration
- A Copy of the notice to the other party informing them of the name of the arbitrator appointed by you
- A Copy of the notice to the other party informing them that as they have failed to appoint an arbitrator that you are applying
to Gafta for an appointment on their behalf on payment of an appointment fee of GBP 120.00 plus VAT where applicable.
What should I include in my submissions?
Submissions are documents in which a party explains what the dispute is about, what they are claiming, and should tell the history of the dispute. It is important to include any supporting documents or evidence that parties wish to rely on. Each party has an opportunity to respond to the other party, where they can state their opinion giving their version of events and supply any relevant evidence.
Once the parties have provided their submissions and evidence what happens next?
Once the parties have provided their submissions the Tribunal will consider them and issue an award. This award will provide a summary of the dispute, the reasons for their decisions and their findings (the decisions of the tribunal).
On receipt of the fees for the arbitration, the award is published to both parties at the same time and is sent by fax (where a fax number is supplied) and by a secure means delivery to each party.