These rules provide for instances where parties are resident far from each other, making it very difficult to attend proceedings in person. For this reason, the whole process takes place through the Internet. These rules are specifically suitable for hunting/safari claims where the consumer returns abroad or to a different province.
These rules have been developed to assist in the resolution of consumer related disputes arising from written contracts between providers and consumers. It follows a negotiation and settlement – a med-arb, approach. It also accepts that the consumer may generally be at a disadvantage and that the mediator/arbitrator need to level the playing field.
The aim is to provide an easily accessible and transparent process which can guarantee a quick, fair and just outcome with the least possible costs for the parties. For this purpose, it provides for all modern communication technology and other available communication systems to be used. The claimant is always Internet bound whilst the defendant can use any one or more of media, i.e. email, SMS, fax, postal service, personal delivery of letters/messages or whatever other communication medium may be available.
It makes it therefore optimally possible and easy for both parties to exercise their rights and participate in the process. Personal appearance become limited to exceptional cases and instances. The process complies with the provisions of the Arbitration Act, 42 of 1965 and the award bears the same authority as if the process were conducted conventionally and in person.
Most importantly, the rules strive to see an agreement ultimately finalized, as was initially the only intention of the parties. The method and scheduling of payment in settlement of a claim may be the only outstanding issue between the parties. It is an issue that can be easily resolved and which need to form part of the award and to which the parties will gladly adhere.
Short summary of process
1. The claimant proceeds by informing CCT that a dispute has arisen and that arbitration and the appointment of an Arbitrator is required. This is done by emailing the duly completed Form 101 to the secretariat, adding the signed arbitration agreement and all documents available and necessary to proof the claim and to support the legal aid requested. If the original cause of action has been replaced by a settlement agreement, naturally the settlement agreement and section 129 notice will be required. If the claim relates to credit, proof of current registration with the NCR shall be essential.
2. CCT will then issue an acceptance (Form 102) Award, a case number, appoints an Arbitrator and sets a date, time and a venue when and where the proceedings will provisionally be finalized. In the normal course, an inhouse Arbitrator of CCT will initially be appointed and the offices of CCT be chosen as the venue. Should a claim remain unresolved on the set date, such case may be remanded in order to make further mediation possible and if a settlement cannot be reached, to formulate the issues between the Parties. The Arbitrator may then withdraw, an alternative Arbitrator be appointed and a local venue chosen within reach of both Parties where the hearing can be held and the case be finalized.
3. The claimant must then issue a Notice of Arbitration (Form 103) and a claim (Form 104). These documents must be served on the defendant by the sheriff.
4. Every possible opportunity is then granted to the defendant to respond. This can be done by either email, SMS/MMS, fax, WhatsApp message, Facebook message or post. All responses received by the secretariat will be forwarded to the Claimant in an effort to reach a settlement with the defendant.
5. If a settlement is reached or the defendant fails to respond, the matter will proceed on the set date and, if the claim is proven, an Award issued. For this purpose, the claimant needs to prepare a pro forma Award (Form 105) and forward it electronically, together with a copy of the Sheriff’s return of serve, to the secretariat well in time for the hearing.
6. If an Award is requested for periodic payment to be done by the defendant in settlement of a debt, the claimant need to provide the defendant with sufficient opportunity to co-operate in scheduling payments directly from his/her bank account. If the defendant fails to co-operate or the method of payment fails, then the claimant may serve the Award through the sheriff on the employer of the defendant for purpose of deduction and remittance. If this also fails the only remaining remedy for the claimant would be to apply to the High Court for the conversion of the arbitration Award into a judgment and thereafter to execute accordingly.
7. If the defendant responds timeously and a settlement cannot be reached before the date of hearing, the matter may be remanded to grant more opportunity for negotiation and settlement. If the Parties fail to reach a settlement (subject to security for the payment of arbitration costs to be provided) a local Arbitrator will be appointed and the matter transferred to a venue within reach of both Parties. The matter will then be finalized accordingly.
Scope of Rules
(a) The CCT Rules and Procedures (“Rules”) and the above summary govern binding Arbitrations of disputes or claims that are administered by CCT.
(b) The Parties shall be deemed to have made these Rules a part of their Arbitration Agreement (“Agreement”).
(c) The authority and duties of CCT are prescribed in the Arbitration Act, 1965, the agreement of the Parties and these Rules, and may be carried out through such representatives as it may direct.
(d) CCT as case administrator may, in its discretion, assign the administration of an arbitration or certain aspects thereof, to any approved representatives.
(e)”CCT” refers to the secretariat of the Consumer Claims Tribunal and what would be the office of the clerk of the court (in the case of the Magistrates’ Court) or the Registrar of the court (in the instance of the Supreme Court).
(f) The term “Party” as used in these Rules includes Parties to the Mediation and Arbitration and their counsel or representatives.
(g) “Electronic filing” means the electronic transmission of documents per email to and from CCT and other Parties to the dispute for the purpose of filing, service and delivery of documents.
(h)”Electronic service” means the electronic transmission of documents via email to a Party, attorney or representative under these Rules.
(i)The “Short Summary of Process” shall be read as part of these Rules.
Amendment of Rules
CCT may amend these Rules without notice. The Rules in effect on the date of the commencement of a med-arb (as defined in Rule 5) shall apply to that med-arb proceedings
(a)The principle approach of the process will always be that the arbitration process is the continuation and final endeavor of the Parties to resolve a dispute or issues which could not be resolved by the Parties through direct negotiation and without the intervention of a neutral third Party to adjudicate.
(b)The process is initiated by the claimant filing a Notice of Dispute and Claim (Form 101) with the secretariat requesting the appointment of a mediator/ Arbitrator.
(c)CCT shall Award a case number, appoint a mediator/ Arbitrator, set a date and time and choose a venue where the proceedings will be conducted (Form 102).
(d)The claimant shall then proceed to draw a Notice of Arbitration (Form 103) and Particulars of Dispute (Form 104), a copy to be endorsed to the secretariat and a copy to be served on the defendant as follows:
(d)(i)if the arbitration agreement was concluded before the dispute arose, then by the sheriff of the court or personal delivery to the defendant to the satisfaction of the Arbitrator;
(d)(ii) if the arbitration agreement was concluded after the dispute arose, then either as in (i) above, by leaving it at the defendant’s last known residential address or as specifically agreed between the Parties in writing.
(e)Under the guidance and leadership of the Arbitrator, in his capacity as mediator and with the support of the secretariat the Parties will then have the opportunity to negotiate a settlement of the dispute.
(f)The documents to be attached to the Particulars of Dispute referred to in paragraph 5(d) shall include
(f)(i)the agreements, document/s etc. from which the dispute arises (where applicable) or, if a settlement had been reached, the written and signed settlement;
(f)(ii)the notice in terms of section 129 (where applicable);
(f)(iii)proof of delivery of the section 129 notice (where applicable);
(f)(iv)proof of current registration with the National Credit Regulator as a credit provider (where applicable);
(f)(v)A statement setting out how the capital amount, interest and costs are calculated and
(f)(vi)any document used to evaluate the affordability of a periodic payment, should such be applied for.
(g)The secretariat will provide the mediator/Arbitrator with a copy of the claim with Annexures and the Arbitration Agreement.
(h)The date on which the Notice of Dispute has been issued shall be the date on which the mediation/ arbitration is commenced.
(i)The Parties do accept that the prescription of the debt shall be suspended for the purposes of the prescription of the debt from the date of commencement until the date on which the Award is published. The Parties further accept and agree that any payment affected in accordance with the Award shall be voluntary and an acknowledgement of debt and shall deemed to revive the full period within which debts prescribe according to law. The term “commencement” as used in this Rule is intended only to pertain to the operation of these and other rules.
(a)Where proceedings are conducted through electronic communication, the Parties shall maintain and regularly monitor a valid, usable and live email address for the receipt of all documents filed. Any document filed electronically shall be considered as filed when the transmission of the email/SMS, fax is complete. Any attachment shall be in a MSWord or PDF format.
(b)Every document electronically filed or served shall be deemed to have been signed by the mediator/Arbitrator, the Party, attorney or deponent who submits the document and shall bear the typed name and email address, address and telephone number. Typographical signatures shall be treated as personal signatures for all purposes under these Rules. Documents containing signatures of third-Parties (i.e. un-opposed motions, affidavits, etc.) may also be filed electronically by indicating that the original signatures are retained by the filing Party in paper-format.
(c)Delivery of documents to legal representatives of other Parties shall be considered as valid and effective service and shall have the same legal effect as an original paper document. Any Party who ignores or attempts to refuse e-service shall be deemed to have received the electronic document(s) 72 hours following the transmission of the electronic document(s). If an electronic filing or service does not occur because of
(i) an error in the transmission of the document which was unknown to the sending Party,
(ii)the Party was erroneously excluded from the service list, or
(iii)other technical problems experienced by the filer, the Arbitrator or CCT may for good cause shown, permit the document to be filed nunc pro tuncto the date it was first attempted to be sent electronically. Or, in the case of service, the Party shall, in extraordinary circumstances, be entitled to an order on application extending the date or any response or the period within which any right, duty or other act must be performed.
(d)All notices and communications between Parties and the mediator/Arbitrator and Parties shall be endorsed (CC-ed) to the secretariat.
Interpretation of Rules and Jurisdiction Challenges
(a)Once the mediation process has been completed (without a settlement) and the arbitration commences, the Arbitrator shall resolve disputes about the interpretation and applicability of these Rules and conduct of the arbitration hearing. The resolution of the issue by the Arbitrator shall be final.
(b)Whenever in these Rules a matter is to be determined by CCT, such determination shall be made in accordance with CCT administrative procedures.
(c)Jurisdictional and arbitrability disputes, including disputes over the formation, existence, validity, interpretation or scope of the agreement under which Arbitration is sought, and who are proper Parties to the Arbitration, shall be submitted to and ruled on by the Arbitrator. The Arbitrator has the authority to determine jurisdiction and arbitrability issues in lumine.
(d)Disputes concerning the appointment of the Arbitrator shall be resolved by CCT.
(e)The Arbitrator may, upon a showing of good cause or meru moto, when necessary to facilitate the Arbitration, extend any deadlines established in these Rules, provided that the time for rendering the Award may only be altered in accordance with Rule 16.
Withdrawal from Arbitration
(a)No Party may terminate or withdraw from an Arbitration after the commencement (see Rule 5) except by written agreement of all Parties to the Arbitration.
(b)A Party that asserts a claim or counterclaim may unilaterally withdraw that claim or counterclaim without prejudice by serving written notice on the other Parties and on the Arbitrator. However, the opposing Parties may, within fourteen (14) calendar days of service of notice of the withdrawal of the claim or counterclaim, request that the Arbitrator make an order as to costs.
Exchange of Information
(a)The Parties shall co-operate in good faith in the voluntary and informal exchange of all non-privileged documents and information relevant to the dispute or claim, including copies of all documents in their possession or control on which they rely in support of their positions or which they intend to introduce as exhibits at the Arbitration Hearing, the names of all individuals with knowledge about the dispute or claim and the names of all experts who may be called upon to testify or whose report may be introduced. The Parties and the Arbitrator will make every effort to conclude the document and information exchange process within fourteen (14) calendar days after all pleadings or notices of claims have been received. The necessity of additional information exchange shall be determined by the Arbitrator based upon the reasonable need for the requested information, the availability of other discovery options and the burdensomeness of the request on the opposing Parties and the witness.
(b)As they become aware of new documents or information, including experts who may be called upon to testify, all Parties continue to be obligated to provide relevant, non-privileged documents, to supplement their identification of witnesses and experts and to honor any informal agreements or understandings between the Parties regarding documents or information to be exchanged. Documents that were not previously exchanged, or witnesses and experts that were not previously identified, may not be considered by the Arbitrator,unless agreed by the Parties or upon a showing of good cause.
(c)The Parties shall promptly notify CCT when a dispute exists regarding discovery issues. A conference shall be arranged with the Arbitrator, by email or other means agreed to, and the Arbitrator shall decide the dispute.
The Arbitration Hearing
(a)The Parties submit the dispute to the Arbitrator for an Award based on documents filed and submission made by whatever communication media by the Parties. Should the Arbitrator deem it fit and proper, the hearing may be remanded, the Arbitrator recuse himself/herself, a new Arbitrator to be appointed and the matter be transferred to a new venue, more conveniently situated for both Parties and which will offer them the opportunity to be present personally or by representation and to be heard. To accommodate the Parties, limit costs and prevent a transference of the case, the Arbitrator will propose to make arrangements for evidence to be led or addresses to be made by way of video conferencing or any other available means.
(b)In an effort to limit costs, the Arbitrator may however choose to finalize the matter, either with the Parties consent or due to the default of the defendant to participate in the proceedings in any meaningful way, at the premises of the Consumer Claims Tribunal, Modimolle.
(c)The Parties will not offer as evidence, and the Arbitrator shall neither admit into the record nor consider, prior settlement offers by the Parties or statements or recommendations made by a mediator or other person in connection with efforts to resolve the dispute being arbitrated, except to the extent that applicable law permits the admission of such evidence.
(c)When the Arbitrator determines that all relevant and material evidence and arguments have been presented, and any interim or partial Awards have been issued, the Arbitrator shall declare the Hearing closed. The Arbitrator may defer the closing of the Hearing until a date agreed upon by the Arbitrator and the Parties, to permit the Parties to submit post-Hearing briefs, which may be in the form of a letter. If post-hearing briefs are to be submitted the hearing shall be deemed closed upon receipt by the Arbitrator of such briefs.
(d)At any time before the Award is rendered, the Arbitrator may, mero moto or upon the application of a Party for good cause shown, re-open the hearing. If the hearing is re-opened and the reopening prevents the rendering of the Award within the time limits specified by these Rules, the time limits will be extended until the re-opened hearing is declared closed by the Arbitrator.
(e)The Arbitrator may not render an Award solely on the basis of the default or non-participation of a Party or Parties, but shall require any Party seeking relief to submit such evidence as the Arbitrator may require for proof of his/her claim on a balance of probabilities and for the rendering of an Award.
(f)Should any of these rules be found to be ambiguous, uncertain or silent in regard to any aspect of the process or procedures to be followed, the Arbitrator shall be entitled to invoke the relevant rules of the Magistrates’ Court and that rule or rules shall apply as if being part of these rules.
Enforcement of the Award
(a)An Award may, on the application to a court of competent jurisdiction by any Party to the reference and after due notice to the other Party or Parties, be made an order of court. The successful Party should however endeavor to obtain voluntary compliance with the Award with the co-operation and/or consent of the other affected Party and/or his/her employer where applicable.
(b)In instances where a defendant is formally employed and the claimant apply for an Award to be made for the payment of specified periodic payment, application may be made in law and with the consent of the defendant, that the Award be addressed to the relevant employer to deduct and remit payments.
(a)If a Party becomes aware of a violation of or failure to comply with these Rules and fails promptly to object in writing, the objection will be deemed waived, unless the Arbitrator determines that waiver will cause substantial injustice or hardship.
(b)If any Party becomes aware of information that could be the basis of a challenge for cause to the continued service of the Arbitrator, such challenge must be made promptly, in writing, to the Arbitrator or CCT. Failure to do so shall constitute a waiver of any objection to continued service by the Arbitrator.
Giving effect to an awards
(a)Where an Arbitrator has Awarded that periodic payments be made to the successful Party such Award shall be based on evidence obtained in regard to the affordability of the relevant instalments.
(b)If an affordability enquiry has been done and it is found that the affected Party can afford the periodic payments, the successful Party, (in an effort to prevent the legal costs attached to the procedure set out in Rule 17) may issue and deliver to the employer of an affected Party a copy of the Award in order to ensure that such periodic payments be deducted from the salary of the affected Party and that those deductions be remitted to the successful Party or his/her legal representative.
(c)The successful Party shall indicate towards the relevant employer that an administration fee equal to 50f the deduction may be retained by the employer as an administration fee. It shall also authorize the employer to reduce any such deduction should it exceed 250f the employee’s net salary.
Disqualification of the Arbitrator as a Witness or Party and Exclusion of Liability
(a)The Parties may not call the Arbitrator or any other CCT employee, representative or agent as a witness or as an expert in any pending or subsequent litigation or other proceeding involving the Parties and relating to the dispute that is the subject of the Arbitration. The Arbitrator and CCT employees, representatives and agents are also incompetent to testify as witnesses or experts in any such proceeding.
(b)The Parties shall defend and/or pay the cost (including any attorneys’ fees) of defending the Arbitrator and/or CCT from any sub-poenas from outside Parties arising from the Arbitration.
(c)The Parties agree that neither the Arbitrator nor CCT is a necessary Party in any litigation or other proceeding relating to the Arbitration or the subject matter of the Arbitration, and neither the Arbitrator nor CCT, including its employees or agents, shall be liable to any Party for any act or omission in connection with any Mediation or Arbitration conducted under these Rules, including but not limited to any disqualification of or recusal by the Arbitrator.
Variation of Procedures
The Arbitrator, with the consent of the Parties participating in a hearing, may change the procedures not specified herein as long as it remains consistent with the applicable law and CCT policies. The Party-agreed procedures shall be enforceable as if contained in these Rules. Any variation is however strictly subject to the condition that proceedings shall be conducted in the most fair, expeditious and cost-effective manner.
Conflict with Law
(a)If any of these Rules, or modification of these Rules agreed to by the Parties, is determined to be in conflict with a provision of applicable law, the provision of law will govern over the Rule in conflict but no other Rule will be affected.
(b)The general principles of onus apply in that he who alleges or avers, need to proof the allegations.
(c) The burden of proof applied shall be that of a balance of probabilities.
Service of Notices
(a)Any notice required to be served on any person, may only be served as set out in par 5(d) unless the Arbitrator otherwise requires.
(b)With all notices and communications to the defendant, being the consumer in the relationship, the secretariat may provide such objective information and guidance as may be deemed necessary to explain his/her rights and the options available.
(c)Should any Party not respond within the prescribed time limits to notices delivered to him/her, the Arbitrator may issue the necessary reminder and place that Party on terms failing to comply the Arbitrator may consider continuance without such response.
(d)Should the tribunal during the hearing have any reasonable doubt that the defendant had receive any notice in the runup to the hearing, he/she may take into consideration any additional efforts made to communicate the relevant information contained in such notice to the defendant.
(e)Should the tribunal remain with reasonable doubt as to service of any notice, the Arbitrator may postpone the hearing to a future date and require the claimant to repeat the service of the notice on such terms and conditions as may be indicated by the Arbitrator.
Notice of Claims
(a) Each Party shall afford all other Parties reasonable and timely notice of its claims, affirmative defenses or counterclaims. Any such notice shall include a short statement of its factual basis. No claim, remedy, counterclaim, or affirmative defense will be considered by the Arbitrator in the absence of such prior notice to the other Parties, unless the Arbitrator determines that no Party has been unfairly prejudiced by such lack of formal notice or all Parties agree that such consideration is appropriate notwithstanding the lack of prior notice. This stipulation is strictly subject to the condition that the Arbitrator is free to depart from this rule to assist and support any defendant that may be unable to participate in proceedings with the same ability as the claimant.
(b)Arbitration proceedings can only commence on the date set for hearing and once a mediation attempt has been made, failed or ended in a settlement agreement requiring a consent Award. The matter may be dispensed with by way of a default Award in instances where the defendant had failed to respond to the claim or by consent Award in instances in which the Parties have reached a settlement after notice of arbitration had been served.
(c)Should the Parties remain deadlocked in dispute on the date of hearing, the Arbitrator, in consultation with the Parties, will set down the time table for the delivery of full particulars of the claim, the delivery of pleas counter-claims, replies, the discovery of documents and the payment of arbitration and arbitration administration costs.serve a statement of any affirmative defenses (including jurisdictional challenges) or counterclaims it may have.
(d) Within seven (7) calendar days of service of a counterclaim, a claimant may submit to CCT and serve on other Parties a response to such counterclaim and must so submit and serve a statement of any affirmative defenses (including jurisdictional challenges) it may have.
(e)Any counterclaim to which no response has been served, will be deemed denied.
(a)The Parties may be represented by a qualified legal representative. Each Party shall give prompt written notice to CCT and the other Parties of the name and email address of its representative. The representative of a Party may act on the Party’s behalf in complying with these Rules.
(b)A Party shall give prompt written notice to CCT and the other Parties of any change in its representation, including the name, address, telephone and fax numbers, and email address of the new representative. Such notice shall state that the written consent of the former representative, if any, and of the new representative, has been obtained and shall state the effective date of the new representation.
(c)Should the Consumer not be legally represented, it is suggested that the claimant level the playing field by following suite and not make use of legal presentation and that the Parties rely on the Arbitrator’s assistance and use of the inquisitorial method to adjudicate the matter.
Ex Parte Communication
No Party will have any ex parte communication with the Arbitrator regarding any issue related to the Arbitration. Any necessary ex parte communication with the Arbitrator, whether before or after the Arbitration Hearing, will be conducted either with both Parties present or through CCT.
Arbitrator Selection and Replacement
(a)All arbitrations in terms of the Rules of CCT will be conducted by a single Arbitrator.
(b)All Arbitrators in terms of the Rules of CCT are chosen from the panel of mediators/Arbitrators of CCT and appointed by the secretariat.
(c)If, for any reason, (including the transference of proceedings to an alternative venue) the Arbitrator who is selected, is unable to fulfill the Arbitrator’s duties, a successor Arbitrator shall be chosen and appointed by the CCT. CCT will make the final determination as to whether an Arbitrator is unable to fulfill his or her duties, and that decision shall be final.
(d)Any disclosures of facts which may influence the neutrality of the selected Arbitrator regarding the selected Arbitrator shall be made within ten (10) calendar days from the date of appointment. The obligation of the Arbitrator to make such disclosures continues throughout the Arbitration process.
(e)At any time during the Arbitration process, a Party may challenge the continued service of an Arbitrator for cause. The challenge must be based upon information that was not available to the Parties at the time the Arbitrator was selected. A challenge for cause must be in writing and exchanged with opposing Parties who may respond within seven (7) calendar days of service of the challenge. CCT shall make the final determination as to such challenge. Such determination shall consider the materiality of the facts and any prejudice to the Parties. That decision will be final.
(a)The Arbitrator shall render a Final Award or Partial Final Award within seven (7) calendar days after the date of the close of the hearing as defined in Rule 15(c). The Award shall be in writing and shall be delivered by the arbitration tribunal at the seat of the tribunal, the Parties or their representatives being present or having been summoned to be present appear. The Arbitrator shall provide the document containing the Interim or Final Award to CCT for delivery to all Parties whether present or not at the rendering of the Award.
(b)In determining the merits of the dispute, the Arbitrator shall be guided by the rules of law agreed upon by the Parties. In the absence of such agreement, the Arbitrator will be guided by the law or the rules of law that the Arbitrator deems to be most appropriate. The Arbitrator may grant any remedy or relief that is just and equitable and within the scope of the Parties’ agreement, including but not limited to specific performance of a contract or any other equitable or legal remedy and to the same extent that a court would have the power to do.
(c)In addition to a Final Award or Partial Final Award, the Arbitrator may make other decisions, including interim or partial rulings, orders and Awards.
(d)The Arbitrator may grant whatever interim measures are deemed necessary, including injunctive relief and measures for the protection or conservation of property and disposition of disposable goods. Such interim measures may take the form of an interim Award, and the Arbitrator may require security for the costs of such measures. Any recourse by a Party to a court for interim or provisional relief shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.
(e) The Award of the Arbitrator may allocate Arbitration and administration fees and Arbitrator compensation and expenses. The Award should endeavor to resolve the dispute in such manner that all aspects necessary to bring the relevant contract to its final completion, is addressed. To this extent the Award should provide for the settlement of a debt (where applicable) be it in affordable periodic payments and the method of settlement, voluntary accepted and agreed to by the affected Party.
(f) The Award of the Arbitrator may allocate fees, costs, expenses and interest as from the date of the Award at the same rate as a judgment debt or at such rate and from such date as the Arbitrator may deem appropriate.
(g)The Award will consist of a written statement signed by the Arbitrator regarding the disposition of each claim and the relief, if any, as to each claim. Except in the instance of consent and default Awards and unless all Parties agree otherwise, the Award shall also contain a concise written statement of the reasons for the Award.
(h)After the Award has been rendered, and provided the Parties have complied with Rule 24, the Award shall be issued by serving copies on the Parties. Service shall be by email.
(i)Within seven (7) calendar days after service of the Award by CCT, any Party may serve upon the other Parties and on CCT a request that the Arbitrator correct any computational, typographical or other similar error in an Award (including the reallocation of fees pursuant to Rule 27(c)), or the Arbitrator may sua sponte propose to correct such errors in an Award. A Party opposing such correction shall have seven (7) calendar days thereafter in which to file any objection. The Arbitrator may make any necessary and appropriate correction to the Award within fourteen (14) calendar days of receiving a request or (7) seven calendar days after the Arbitrator’s proposal to do so. The Arbitrator may extend the time within which to make corrections upon good cause. The corrected Award shall be served upon the Parties in the same manner as the Award.
(j)The Parties to a reference may within (6) six weeks after the publication of the Award to them, by any writing signed by them remit any matter which was referred to arbitration, to the arbitration tribunal for reconsideration and for the making of a further Award or a fresh Award or for such other purpose as the Parties may specify in the said writing.
(k)The Award is considered final, for purposes of judicial proceeding to enforce in accordance with Rule 17 after the seven (7) calendar days after the expiry of the period provided for to apply for correction or variation in terms of Rule 16(i) and Rule 16(j) or, if such requests are made, within seven (7) calendar days after such application has been entertained by the Arbitrator.
Confidentiality and Privacy
(a)CCT and the Arbitrator shall maintain the confidential nature of the Arbitration proceeding and the Award, including the hearing, except as necessary in connection with a judicial challenge to or enforcement of an Award, or unless otherwise required by law, judicial decision or these rules.
(b)The Arbitrator may issue orders to protect the confidentiality of proprietary information, trade secrets or other sensitive information.
(c)Subject to the discretion of the Arbitrator or agreement of the Parties, any person having a direct interest in the Arbitration may have access to proceedings.
Settlement and Consent Award
(a)The Parties accept the assistance of the Arbitrator in reaching settlement. By their written agreement to submit the matter to the Arbitrator for settlement assistance, the Parties will be deemed to have agreed that the assistance of the Arbitrator in such settlement efforts will not disqualify the Arbitrator from continuing to serve as Arbitrator if settlement is not reached; nor shall such assistance be argued to a reviewing court as the basis for vacating or modifying an Award.
(b)If, at any stage of the Arbitration process, all Parties agree upon a settlement of the issues in dispute and request the Arbitrator to embody the agreement in a Consent Award, the Arbitrator shall comply with such request unless the Arbitrator believes the terms of the agreement are illegal or undermine the integrity of the Arbitration process. If the Arbitrator is concerned about the possible consequences of the proposed Consent Award, he or she shall inform the Parties of that concern and may request additional specific information from the Parties regarding the proposed Consent Award. The Arbitrator may refuse to enter the proposed Consent Award and may withdraw from the case.
(c)The Arbitrator may, on proof of the claim on a balance of probabilities, issue a default Award where the defendant fails, notwithstanding reasonable effort to ensure his/her participation. Should both parties not be present at the hearing, the arbitrator shall continue with proceedings regardless and decide the matter on the documents and available evidence before the tribunal.
The Arbitrator may order appropriate sanctions for failure of a Party to comply with its obligations under any of these Rules. These sanctions may include, but are not limited to, assessment of Arbitration fees and Arbitrator compensation and expenses, any other costs occasioned by the actionable conduct including increased mediation/arbitration fees, exclusion of certain evidence, drawing adverse inferences, or in extreme cases determining an issue or issues submitted to Arbitration adversely to the Party that has failed to comply.
(a)Although both Parties to a case ought to pay mediation/arbitration fees in equal shares, the claimant remains liable towards the secretariat of the CCT for the payment of prescribed fees applicable to the first date of hearing. As part of the Award the Arbitrator may Award the payment of arbitration costs and costs of any of the Parties in accordance with the law. In the event that the claimant has paid the costs of mediation and arbitration in advance to the secretariat the Arbitrator may Award that such costs or part thereof be re-imbursed to the claimant by the Party/Parties against whom costs has been Awarded.
(b)The non-payment of fees may result in the suspension of the case. The Arbitrator will however not allow a defaulting Party to frustrate the process and prevent arbitration from taking place through non-payment. Should a matter not be resolved in its first phase and continuance be made impossible due to either one of the Parties failing to make payment or provide security for the payment of arbitration costs, the Arbitrator may take into consideration the defaulting Party’s attitude and approach towards reasonable proposals for alternative methods of proceeding with the case as indicated in Rule 15(a). Should the Arbitrator find the defaulting Party to be unreasonable or uncooperative, the Arbitrator may direct that the case proceeds without his/her involvement and bar the defaulting Party from participation on such terms and conditions as the Arbitrator may deem fit.
(c)CCT requires that the claimant deposit the fees and expenses for the Arbitration with the secretariat in advance of the next phase of proceedings. All payments of fees are strictly to be made to CCT directly from where the Arbitrator shall be remunerated. Any payment not made accordingly shall be deemed to be due payment.
(d)Mediators/Arbitrators are bound by the tariff of fees laid down herein and may not negotiate any other additional fees or remuneration with any of the Parties. All payments in regard to mediator/Arbitrator fees are to be done to the secretariat for remittance to the relevant Mediators/ Arbitrators. Any payment or gift of whatever nature to the Mediator/Arbitrator shall be deemed to constitute corrupt and illegal.
(e)The secretariat may make such alternative arrangements for the payment of fees for users as it may deem fit.
(f)All legal fees and expenses are subject to taxation by the Arbitrator against payment of a fee of 100f the taxed account, including fees and expenses. Such taxation shall be done at the same rate as applicable in terms of the rules of the lowest relevant court with jurisdiction. Administration fees of the secretariat as well as fees of the mediator/administrator are not subject to taxation. No legal fees and expenses subject to taxation may be collected from the Party against whom an order for costs were made before such taxation has taken place.
(g)Should fees be required to be taxed resulting in the taxed amount being higher than initially being demanded, the Party requesting the taxation shall be liable for the higher amount.
(g)All fees are to be paid free of any costs or bank charges. All fees include VAT where applicable.
(e)No fees are repayable.
(f)This tariff of fees may be amended at any time subject thereto that the tariff in force at the initiation of a case shall apply to that matter.
Schedule of fees
Admin and Mediator/Arbitrator Fees
Taking instructions, appointment of arbitrator, mediating between arbitrator, claimant and defendant, Sending and receiving of additional Communications between the parties
|Fees of the mediator/arbitrator:
(Payable before the appointment of a mediator/arbitrator).
|Fees for opposed matters:
In addition to the fee paid for the unopposed phase of the matter, an additional fee of R950 per hour (excl VAT) or part thereof is payable of which 33,3% shall be allocated as arbitration administration fees payable to CCT.
Legal fees in opposed matters, in addition to the fees allowed in regard to unopposed matters, are to be taxed in accordance with the applicable Magistrates’ Court tariff and is allowed only if both parties are legally represented.