Designed for small claims and making it easier, quicker and less expensive for the parties
Simplified Arbitration Rules
Scope of Rules
- These CCT Rules and Procedures (“Rules”) govern binding Arbitrations of disputes or claims that are administered by CCT.
- The Parties shall be deemed to have made these Rules a part of their Arbitration agreement (“Agreement”).
- 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.
- CCT as case administrator may, in its discretion, assign the administration of an arbitration or certain aspects thereof, to any approved representatives.
- The term “Party” as used in these Rules includes Parties to the Arbitration and their counsel or representatives.
- “Electronic filing” means the electronic transmission of documents and communications by email to and from CCT and other parties to the dispute for the purpose of filing via the Internet.
- “Electronic service” means the electronic transmission of documents and communications via email to a Party, attorney or representative under these Rules.
Variation of Procedures
- The Parties waive oral hearing and submit the dispute to the Arbitrator for an Award based on written submissions and other evidence (inclusive of oral statements) as the Parties may agree or the arbitrator may direct.
- The arbitrator, with the consent of the parties participating in a hearing, may however change the procedures not specified herein as long as it remains consistent with the applicable law and CCT policies.
- The Parties shall promptly inform CCT of such amended procedures. The Party-agreed procedures shall be enforceable as if contained in these Rules.
- Any variation is however strictly subject to the condition that all proceedings shall be conducted in the most fair, expeditious and cost-effective manner.
Amendment of Rules
CCT may amend these Rules without notice. The Rules in effect on the date of the commencement of an arbitration shall apply to that arbitration proceedings.
Conflict with Law
If any of these Rules, or modification of these Rules agreed on 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, and no other Rule will be affected.
Commencement and procedure
- The arbitration process is commenced by the claimant notifying the secretariat of the existence and nature of a dispute, requesting the appointment of an arbitrator and making arrangement for the payment of or depositing the prescribed arbitration fees.
- Taking cognisance of the underlying value and nature of the dispute, the secretariat may propose that a mediator be appointed initially in an effort to resolve the dispute with the least possible costs. Should the claimant accept the proposal, the secretariat shall proceed to make such appointment within his exclusive
- The secretariat may refuse to appoint an arbitrator on various legal or moral grounds in which instance the matter will be referred back to the parties.
- CCT will confirm to the defendant the existence of the dispute, the request for the appointment of an arbitrator. Should the claimant have accepted the proposal the secretariat for the appointment of a mediator the same will be put forward to the defendant for consideration.
- Should both parties agree that a mediator be appointed to assist in negotiating a settlement and resolving the issue, the secretariat shall proceed with the appointment of a mediator of its choice. The mediator shall then have 21 (TWENTY ONE) days within which to resolve the dispute. At the expiry of this period the mediator shall report back to the secretariat and confirm the outcome of negotiations. Should the dispute or any part thereof not be resolved, the secretariat shall immediately proceed to appoint an arbitrator of his exclusive choice and inform the parties accordingly.
- The claimant will then deliver his claim within 7 (SEVEN) days by setting out all material facts in a statement supported by other statements and supporting documents and sending it by email to the secretariat and to the defendant/s in the matter.
- Neither the statement of the claimant nor any of the supporting statements may exceed 500 words unless the arbitrator has considered an application in this regard and agreed to it.
- The defendant will then have the opportunity to respond to the claim of the claimant within 7 (SEVEN) days by delivering a counter claim (if applicable) and an opposing statement supported by other statements and documents and sending it by email to the secretariat and the claimant in the matter.
- Rule 5(g) applies mutatis mutandis.
- The claimant will thereafter have the opportunity to respond within 7 (SEVEN) to the case set out by the defendant and sending it by email to the secretariat and the defendant.
- The arbitrator will then consider the documents before him/her and may request any further statement and/or documents he/she may deem necessary.
- The arbitrator will then consider the matter and make an award.
- The date on which the Notice of Arbitration is issued by CCT on behalf of the tribunal shall be the date on which the mediation/arbitration is commenced.
- The date of commencement of the mediation/arbitration is not intended to be applicable to any legal requirements such as the statute of limitations, any contractual limitations period, or claims notice requirement. The term “commencement” as used in this Rule is intended only to pertain to the operation of this and other rules.
- Every document electronically filed or served shall be deemed to have been signed by the arbitrator, party, attorney or deponent who submits the document to the secretariat and shall bear the typed name, 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 maintained by the filing Party in paper-format.
- Delivery of e-service 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. E-service shall be deemed complete when the party initiating e-service completes the transmission of the electronic document(s) via email. 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 (1) an error in the transmission of the document which was unknown to the sending Party, (2) the Party was erroneously excluded from the service list, or (3) other technical problems experienced by the filer, the Arbitrator or CCT may for good cause shown permit the document to be filed nunc pro tunc to 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 extending the date or any response or the period within which any right, duty or other act must be performed.
- 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, address, telephone and fax numbers and email address of its representative. The representative of a Party may act on the Party’s behalf in complying with these Rules.
- 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.
- Should the Consumer not be legally represented, it is suggested for consideration that the provider levels the playing field by following suite and not make use of legal representation and that the parties rely on the arbitrator’s use of the inquisitorial method to adjudicate the matter.
Withdrawal from Arbitration
- 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.
- 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.
Ex Parte Communications
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 through CCT.
The Arbitration Hearing
- The Arbitrator will ordinarily conduct the Arbitration Hearing in the manner set forth in these Rules. The Arbitrator may vary or extend these procedures if it is determined reasonable and appropriate to do so. He/she may also use the inquisitorial method to promote the speedy and least costly finalization of the case.
- The Arbitrator shall determine the order of proof, which will generally be similar to that of a court trial.
- The Arbitrator does not require that statements be made under oath although the arbitrator may require affidavits to be filed. The Arbitrator may also, at the close of pleadings, require the parties to confirm the truth of all statements made by the relevant parties by filing sworn statements to this effect.
- Strict conformity to the rules of evidence is not required, except that the Arbitrator shall apply applicable law relating to privileges and work product. The Arbitrator shall consider evidence that he or she finds relevant and material to the dispute, giving the evidence such weight as is appropriate. The Arbitrator may be guided in that determination by principles contained in the Law of Evidence or any other applicable rules of evidence. The Arbitrator may limit testimony to exclude evidence that would be immaterial or unduly repetitive, provided that all Parties are afforded the opportunity to present material and relevant evidence.
- The Arbitrator shall receive and consider relevant deposition testimony recorded by transcript or videotape, provided that the other Parties have had the opportunity to attend and question. The Arbitrator may in his or her discretion consider witness affidavits or other recorded testimony even if the other Parties have not had the opportunity to question/cross-examine but will give that evidence only such weight as the Arbitrator deems appropriate.
- 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.
- The Hearing or any portion thereof may be conducted in person and under oath, telephonically or conference call with the agreement of the Parties or in the discretion of the Arbitrator.
- Taking into consideration the complexities of the issues at hand the arbitrator may, in consultation with the parties, appoint an assessor for the duration of the hearing or such part thereof as may be sufficient to assist the arbitrator.
- 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.
- The arbitrator may, mero motu or on application of either party, require that a in loco inspection be held.
- 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.
- The Arbitrator may proceed with the hearing without the participation of a Party that, after receiving due notice of proceedings notice of the hearing pursuant to Rule 15, fails to participate. The Arbitrator may not render an Award solely on the basis of the default of the Party but shall require, as set out in paragraph 13(m) below, any Party seeking relief to submit such prima facieevidence as the Arbitrator may require for the rendering of an Award. If the Arbitrator reasonably believes that a Party will not participate in the hearing, the Arbitrator may schedule the hearing as a telephonic hearing and may receive the evidence necessary to render an Award by affidavit. The notice of hearing shall specify if it will be in person or telephonic.
- 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 13(h). The award shall be in writing and shall be delivered by the arbitrator, the parties or their representatives being present or having been summoned to appear. The Arbitrator shall provide the document containing the Interim or Final Award to CCT for delivery in accordance with this Rule.
- 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.
- 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.
- The Award of the Arbitrator will be aimed at ensuring a total and final reconciliation between the parties, not only in regard to the merits of the matter but also in regard to the execution or implementation of the award, in such a way that the unnecessary and costly involvement of a court of law be averted wherever possible. The Arbitrator may allocate arbitration and administration fees and Arbitrator compensation and expenses.
- The Award of the Arbitrator may allocate 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.
- 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 may also contain a concise written statement of the reasons for the Award.
- After the Award has been rendered the Award shall be issued by serving copies on the Parties. Service may be made by email or ordinary post.
- 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 re-allocation 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 seven (7) 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.
- The parties to a reference may within 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.
- The Award is considered final after the expiry of seven (7) calendar days after the expiry of the period provided for to apply for correction or variation in terms of (i) and (j) or, if such requests are made, within seven (7) calendar days after such application has been entertained by the arbitrator.
Enforcement of the Award
- 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 endeavour to obtain full compliance with the award with the co-operation and/or consent of the other affected party and/or his/her employer where applicable and provided for in law.
- Where an arbitrator has awarded that periodic payments be made to the successful party by the other party, the arbitrator shall state in the award that an affordability study has been done.
- As an affordability study 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 15(a) 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.
- The successful party shall indicate towards the relevant employer that an administration fee equal to 5% of the deduction may be retained by the employer as an administration fee.
Confidentiality and Privacy
- 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 or judicial decision.
- The Arbitrator may issue orders to protect the confidentiality of proprietary information, trade secrets or other sensitive information.
- Subject to the discretion of the Arbitrator or agreement of the Parties, any person having a direct interest in the Arbitration may attend the Arbitration Hearing. The Arbitrator may exclude any non-Party from any part of a Hearing.
- 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.
- 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.
Settlement and Consent Award
- The Parties may agree to seek 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.
- If, at any stage of the 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.
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 reasonable attorney’s 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
Interpretation of Rules and Jurisdiction Challenges
- 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.
- Disputes concerning the appointment of the Arbitrator shall be resolved by CCT.
- 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 legal time limit for rendering the Award may not be altered.
Disqualification of the Arbitrator as a Witness or Party and Exclusion of Liability
- 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.
- 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.
- 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.
Arbitrator Selection and Replacement
- All arbitrations in terms of the Rules of CCT will be conducted by a single, neutral Arbitrator.
- All arbitrators in terms of the Rules of CCT are chosen from the panel of arbitrators of CCT and appointed by the secretariat unless the parties have specifically nominated an arbitrator from the panel of arbitrators.
- If, for any reason, 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.
- 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.
- 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) days of service of the challenge. CCT shall make the final determination as to such challenge. Such determination shall take into account the materiality of the facts and any prejudice to the Parties. That decision will be final.
- Taking into consideration the degree of technicality and difficulty of the dispute between the parties the secretariat may, in consultation with the arbitrator that has been appointed, select and appoint one or more suitable assessors to assist the arbitrator. Such assessors shall only consult with the arbitrator and shall not communicate directly with any party or witness. Neither shall such assessor have any vote in regard to the finding to be made by the arbitrator.
- The payment of the arbitration fees set out below is to be secured by depositing the relevant amount with CCT before the appointment of the arbitrator.
- The Parties are jointly and severally liable for the payment of CCT administration fees, Arbitration fees and Arbitrator compensation and expenses subject to an award for the payment of these costs to be made by the arbitrator. In the event that one Party has paid more than its share of such fees, compensation and expenses, the Arbitrator may Award against any Party any such fees, compensation and expenses that such Party owes with respect to the Arbitration.
- Should any expenses have to be incurred to accommodate a variation of these Rules the parties shall have to agree to it and the payment thereof.
- 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 arbitrator fees are to be done to the secretariat for remittance to the relevant arbitrators.
- All fees are to be paid free of any costs or bank charges.
- This tariff of fees may be amended at any time without notice.
- The tariff applicable at the commencement of an arbitration shall be applicable.
Schedule of fees
Fees of the mediator
|Appointment of mediator arbitrator and issue of claim||R150-00|
|Receipt and dissemination of counter claim||R45-00|
|Rule 8 determination||R100-00|
|Rule 12 selection and replacement||R125-00|
|Consent and default awards:||R250-00 all inclusive|
|Documents & process filed||R25-00 per filing plus R15-00 per page|
Schedule of fees
Fees of the secretariat
|Mediation: per 30 minutes
or part there of
|Arbitration: per 30 minutes
or part there of
|Consent and default awards:||R75|
All fees exclude VAT. This tariff of fees may be amended at any time without notice. The tariff applicable at the commencement shall be applicable.