Rules

Standard Rules

Providing for a process very similar to that of the court rules

Summary of the Mediation Process

WHAT DO I DO WHEN I WANT TO INSTITUTE A CLAIM?

Step No 1: Complete a claim form obtainable from the secretariat.

Step No 2: Send or deliver it to the secretariat of the Consumer Claims Tribunal for the appointment of a mediator/arbitrator, a case number, the allocation of a date for the mediation meeting and the issue of the claim. Make sure that you attach al the required documents as set out in Arbitration Rule 5(c).

Step No 3: Once the issued claim is returned to you, serve the claim on the defendant, etc. as set out in Arbitration Rule 6.

Step No 4: On the date of the hearing participate friendly and positively in the discussions in an effort to reach a settlement. If a settlement is reached the mediator/arbitrator will make the settlement an award in terms of Mediation Rule J(1).

WHAT DO I DO WHEN I RECEIVE A CLAIM AGAINST ME?

Step No 1: You will have received a notice setting out the date, time and address where a meeting will be held by your mediator with you and the claimant. The purpose of the meeting will be to try and resolve the dispute that has arisen between you and the claimant. So, if you propose the claim, prepare yourself so that you can meaningfully participate in the discussions and negotiations. Bring along documents you think can assist you. If the issue is an outstanding debt which you acknowledge, bring along a monthly budget, your ID, most recent pay slip and three months bank statements. Should your defense be that you are under administration (Section 74 of the Magistrates’ Court Act) or Debt Review (National Credit Act) have proof thereof available.

Step No 2: Make sure that you are on time at the venue.

Step No 3: When called, state your position and participate in the friendly discussion. Make an effort to settle the dispute. If a settlement cannot be reached the matter will go on arbitration which may cause a lot of unnecessary costs.

Step No 4: If a settlement is reached the mediator/arbitrator will make the settlement an award in terms of Mediation Rule J(1) and Arbitration Rule 23(b).

Rules

Mediation Rules

Representation
  1. It is strongly advised that parties are not represented at the mediation process.
  2. Should the parties however wish to be represented, the parties representatives agree to be bound by these Rules. Wherever reference is made to the parties themselves, this shall include their representatives.
Mediator’s Impartiality
  1. Mediators/arbitrators  are required to abide by the Code of Conduct of the CCT, A copy of the Code of Conduct can be obtained from the offices of the CCT
Mediator’s powers and duties
  1. The mediator shall endeavor to assist the parties to settle the dispute by agreement. The mediator shall not adjudicate the dispute, make any recommendations to the parties or advise any party on the merits of the dispute.
  2. The mediator shall have the discretion to conduct the mediation in such a manner as s/he determines.
    The mediator shall be responsible for the administration of the mediation including the process and conduct of the mediation, which shall be done in the most expeditious and cost-effective manner.
Settlement
  1. In the event that the parties settle the dispute or any part thereof in a Settlement Agreement, then that Settlement Agreement shall be a final and binding settlement of the dispute or such part thereof, as applicable.
  2. Should the mediation process not lead to a settlement of the dispute between the parties, the process will immediately progress into arbitration in regard to which the relevant Rules of Arbitration shall apply.
Termination

The mediation of the dispute shall terminate when:

  1. The mediator receives written notice from a party stating that the party withdraws from the mediation provided that no party shall withdraw from the mediation without first orally notifying the mediator and giving the mediator an opportunity to mediate on that party’s continued participation in the mediation. In this instance the arbitration process will immediately proceed.
  2. The mediator advises that parties in writing that the mediator believes that there is no reasonable prospects of settlement in the mediation. Equally in this instance the arbitration process will immediately proceed.
  3. The parties conclude a written Settlement Agreement. Such settlement agreement shall immediate be converted into an arbitration consent award by the mediator/arbitrator.
Appointment of mediator/arbitrator
  1. The cct has a permanent panel of mediators/arbitrators from which a single mediator/arbitrator is selected and appointment in regard to any specific dispute. This panel is made up of practicing or retired attorneys with at least 5 years experience in practice.
  2. A mediator/arbitrator shall be appointed by the secretariat within 5 (five) business days as set out in Arbitration Rule 5(b). Should any of the parties reasonably object to the appointment of a specific mediator/arbitrator the secretariat may appoint an alternative.
  3. The appointed mediator in a dispute shall also be the appointed arbitrator in that case, should the matter progress into arbitration.
Duty to Disclose
  1. Mediators/arbitrators serving on the permanent panel of the CCT   are required to make a full disclosure to the secretariat of any facts that a reasonable individual would consider likely to create a potential or actual conflict of interest.  This disclosure is taken  into consideration when the secretariat considers an appointment.
  2. At the beginning of any proceedings a mediator/arbitrator shall consider the identity of the parties  as well as any other relevant facts and, should it become clear that a conflict of interest may  exist or be deemed to exist the mediator/arbitrator will withdraw from the matter and inform the secretariat accordingly. The secretariat shall then make an alternate appointment.
Responsibilities of the parties

In the spirit of the arbitration agreement between the parties, prior to and during the scheduled mediation session(s) the parties shall, as appropriate to each party’s circumstances, exercise their best efforts to prepare for and engage in a meaningful and productive mediation. The parties shall have available all documents, including copies of section 129 notices in terms of the National Credit Act, 2005 and proof of delivery, proof of any alleged administration order in terms of section 74 of the Magistrates’ Court Act, 1944 (if applicable) ID document/s, most recent payslip and bank statements that they might wish to use in an effort to come to a settlement.

Fees and expenses
  1. The parties will be liable for the payment of fees as fully set out in Arbitration Rule 27.
  2. The expenses of participants for either side shall be paid by the party requesting the attendance of such participants.
Confidentiality and without prejudice
  1. The mediator shall endeavor to assist the parties to settle the dispute.
  2. Every person involved in the mediation:
    1. Will keep confidential all information arising out of or in connection with the mediation, including the fact and terms of any settlement, the fact that the mediation is to take place or has taken place unless disclosure is required by law to implement or to enforce terms of settlement; and
    2. acknowledges that all such information passing between the parties and the mediator is agreed to be without prejudice to any party’s legal position and may not be produced as evidence or disclosed to any judge, arbitrator or other decision-maker in any legal or other formal process, except where otherwise disclosable in law.
  3. Where a Party privately discloses to the mediator any information in confidence before, during or after the mediation, the mediator will not disclose that information to any other party or person without the consent of the party disclosing it, unless required by law to make disclosure.
  4. The parties will not call the mediator as a witness, nor require the mediator to produce in evidence any records or notes relating to the mediation, in any litigation, arbitration or other formal process arising from or in connection with their dispute and the mediation; nor will the mediator act or agree to act as a witness, expert, arbitrator or consultant in any such process.

Rules

Arbitration Rules

Scope of Rules
  1. In the event that the parties settle the dispute or any part thereof in a Settlement Agreement, then that Settlement Agreement shall be a final and binding settlement of the dispute or such part thereof, as applicable.
  2. Should the mediation process not lead to a settlement of the dispute between the parties, the process will immediately progress into arbitration in regard to which the relevant Rules of Arbitration shall apply.
Amendment of Rules

CCT may amend these Rules without notice. The Rules in effect on the date of the commencement of an med-arb (as defined in Rule 5) shall apply to that med-arb proceedings.

Commencing a med-arb

The med-arb process can be commenced in one of the following ways:

  1. By personal delivery to the offices of the secretariat;
  2. Via email to the secretariat or through the use of an on-line service (when available) of an request for the appointment of a mediator/ arbitrator and a claim as provided for on the system, or
  3. By requesting the appointment of a mediator/arbitrator and providing the necessary information in regard to the dispute and the names and addresses of the parties through the use and assistance provided for by the call-center when available),
  4. Providing the secretariat with a copy of the signed arbitration agreement and making the necessary payment to CCT as per the prescribed tariff of fees.

As soon as the process has been set in motion as set in Rule 5(a) CCT will nominate a mediator/arbitrator, issue the notice of mediation/arbitration and attach particulars in regard the name and address of the mediator/arbitrator, the address of the venue where the first meeting will take place and time and date for which the first meeting shall be set down.

The documents to be attached to and filed with the notice of mediation/arbitration, the request for the appointment of a mediator/arbitrator , the request for a date and venue for the first meeting and the date and time set down for such meeting, shall include the following:

  1. the document/s from which the dispute arises (where applicable);
  2. the notice in terms of section 129 (where applicable);
  3. proof of delivery of the section 129 notice (where applicable);
  4. proof of current registration with the National Credit Regulator as a credit provider (where applicable) and
  5. A statement setting out how the amount claimed is calculated.

The duty rests upon the claimant to provide the secretariat with 3 (THREE) copies of the claim, to produce the documents to be attached as annexure.

The mediator/arbitrator shall retain 1 (ONE) copy of the claim and the claimant will retain 1 (ONE) for himself/herself whilst ensuring that the other copy be served on the defendant as further required herein.

The date on which the summons is signed by the secretariat 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.

Electronic Filing
  1. The Arbitrator may at any time require electronic filing and service of documents in an arbitration. If an Arbitrator requires electronic filing, 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 with the secretariat when the transmission of the email is complete. Any attachment shall be in an MS Word or PDF format.
  2. Upon completion of filing, the CCT shall issue a confirmation receipt that includes the date and time of receipt. The confirmation receipt shall serve as proof of filing.
  3. Every document electronically filed or served shall be deemed to have been signed by the mediator/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.
  4. 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 e-filing and/or e-service. 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, absent 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.
Interpretation of Rules and Jurisdiction Challenges
  1. 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.
  2. Whenever in these Rules a matter is to be determined by CCT such determination shall be made in accordance with CCT administrative procedures.
  3. 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 as a preliminary matter.
  4. Disputes concerning the appointment of the Arbitrator shall be resolved by CCT.
  5. 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 19.
Withdrawal from Arbitration
  1. 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.
  2. 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.
Arbitrator Selection and Replacement
  1. All arbitrations in terms of the Rules of CCT will be conducted by a single, neutral Arbitrator.
  2. All arbitrators in terms of the Rules of CCT are chosen from the panel of mediators/arbitrators of CCT and appointed by the secretariat.
  3. 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 secretariat. 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.
  4. 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.
  5. 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
Scheduling and Location of Hearing
  1. The Arbitrator, after consulting with the Parties that have appeared, shall determine the date, time and location of the Hearing. The Arbitrator and the Parties shall attempt to schedule consecutive Hearing days if more than one day is necessary.
  2. If a Party has failed to participate in the Arbitration process, the Arbitrator may set the Hearing without consulting with that Party. The non-participating Party shall be served with a Notice of Hearing at least thirty (30) calendar days prior to the scheduled date.
  3. The Arbitrator, in order to hear a third party witness, or for the convenience of the Parties or the witnesses, may conduct the Hearing at any location.
Securing Witnesses and Documents for the Arbitration Hearing

At the written request of a Party, all other Parties shall produce for the Arbitration Hearing all specified witnesses in their employ or under their control without need of subpoena. The Arbitrator may issue subpoenas for the attendance of witnesses or the production of documents either prior to or at the Hearing pursuant to this Rule or Rule 14(c). The subpoena or subpoena shall be issued in accordance with the applicable law. In the event a Party or a subpoenaed person objects to the production of a witness or other evidence, the Party or subpoenaed person may file an objection with the Arbitrator, who shall promptly rule on the objection, weighing both the burden on the producing Party and witness and the need of the proponent for the witness or other evidence.

Awards
  1. The Arbitrator shall render a Final Award or Partial Final Award within thirty (30) calendar days after the date of the close of the Hearing as defined in Rule 17(h). The award shall be in writing and shall be delivered by the arbitration tribunal, the parties or their representatives being present or having been summoned to appear. The Arbitrator shall provide the Final Award or Partial Final Award to CCT for delivery in accordance with this Rule.
  2. 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.
  3. In addition to a Final Award or Partial Final Award, the Arbitrator may make other decisions, including interim or partial rulings, orders and Awards. 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.
  4. 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 Arbitration Fees and Arbitrator compensation and expenses.
  5. The Award of the Arbitrator may allocate attorneys’ fees and 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.
  6. 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.
  7. After the Award has been rendered, and provided the Parties have complied with Rule 27, the Award shall be issued by serving copies on the Parties. Service may be made by registered post.
  8. 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.
  9. 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.
  10. 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.
  11. The Award is considered final, for purposes of judicial proceeding to enforce, modify or vacate the Award pursuant to Rule 20, fourteen (14) calendar days after service is deemed effective if no request for a correction is made, or as of the effective date of service of a corrected Award.
Confidentiality and Privacy
  1. 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.
  2. The Arbitrator may issue orders to protect the confidentiality of proprietary information, trade secrets or other sensitive information.
  3. 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.
Sanctions

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.

Giving effect to an award
  1. 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.
  2. 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 20) 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.
  3. 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.
Disqualification of the Arbitrator as a Witness or Party and Exclusion of Liability
  1. The Parties may not call the Arbitrator or any other CCT employee 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 and agents are also incompetent to testify as witnesses or experts in any such proceeding.
  2. The Parties shall defend and/or pay the cost (including any attorneys’ fees) of defending the Arbitrator and/or CCT from any subpoenas from outside Parties arising from the Arbitration.
  3. 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 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 Parties shall promptly record such amended procedures on the CCT database and confirm such procedures in writing. 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 expeditious and cost-effective manner.

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.

Service of Notices
  1. Any notice required to be served on any person, may be served either
    1. by delivering it to the person on whom it is to be served; or
    2. by leaving it at the usual or last known place of residence of that person in the Republic; or
    3. by sending it by post to that person at his usual or last known place of residence in the Republic; or
    4. in any other manner authorized by the court and one copy to the mediator/arbitrator nominated to mediate/adjudicate the matter.
  2. Every notice to be served on a consumer shall be delivered under cover of an information brochure/ guide in at least two of the national languages. This guide will attempt to inform the consumer of his/her rights as well as to provide some guidance of what steps needs to follow the receipt of the notice served.
  3. In addition to the service of notices the secretariat will automatically send the consumer a no-reply SMS, either re-iterating that the consumer may call the call-center of the secretariat for further assistance or confirming the date, time and place of a hearing.
  4. Service by electronic mail or facsimile transmission is considered effective upon transmission, but only (except in the instance where documents are to be served on the legal representative of any of the parties) if followed within one week of delivery by service of an appropriate number of copies and originals by one of the other service methods.
  5. In computing any period of time prescribed or allowed by these Rules for a Party to do some act within a prescribed period after the service of a notice or other paper on the Party and the notice or paper is served on the Party only by mail, three (7) calendar days shall be added to the prescribed period.
  6. No documents or process shall be filed with the mediator/arbitrator but a copy of any document to be served shall be filed with secretariat. In the instance where the filing of documents are necessitated during a hearing or meeting, the mediator/arbitrator may on good cause shown condone the non-compliance and accept same.
Notice of Claims
  1. 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.
  2. An Arbitration can only commence once the mediation process has been completed. Commencement takes place in accordance with Rule of of the Mediation Rules.
  3. Within seven (7) calendar days of the completion of the mediation process a Respondent may submit to CCT and serve on other Parties a response and must so submit and serve a statement of any affirmative defenses (including jurisdictional challenges) or counterclaims it may have.
  4. 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.
  5. Any claim or counterclaim to which no response has been served will be deemed denied.
Representation
  1. The Parties may be represented by counsel or any other person of the Party’s choice, subject to the condition that an award for the payment of legal fees shall only be made in regard to practicing attorneys and advocates. 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.
  2. A Party shall give prompt written notice to the secretariat 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.
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.

Exchange of Information
  1. The Parties shall cooperate 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 at the Arbitration Hearing. 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.
  2. 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 at the Hearing, unless agreed by the Parties or upon a showing of good cause.
  3. The Parties shall promptly notify CCT when a dispute exists regarding discovery issues. A conference shall be arranged with the Arbitrator, either by telephone or in person, and the Arbitrator shall decide the dispute.
Pre-Hearing Submissions
  1. Except as set forth in any scheduling order that may be adopted, at least seven (7) calendar days before the Arbitration Hearing, the Parties shall file with CCT and serve and exchange (1) a list of the witnesses they intend to call, including any experts, (2) a short description of the anticipated testimony of each such witness and an estimate of the length of the witness’s direct testimony, and (3) a list of all exhibits intended to be used at the Hearing. The Parties should exchange with each other a copy of any such exhibits to the extent that it has not been previously exchanged. The Parties should pre-mark exhibits and shall attempt to resolve any disputes regarding the admissibility of exhibits prior to the Hearing.
  2. The Arbitrator may require that each Party submit concise written statements of position, including summaries of the facts and evidence a Party intends to present, discussion of the applicable law and the basis for the requested Award or denial of relief sought. The statements, which may be in the form of a letter, shall be filed with CCT and served upon the other Parties, at least seven (7) calendar days before the Hearing date. Rebuttal statements or other pre-Hearing written submissions may be permitted or required at the discretion of the Arbitrator.
The Arbitration Hearing
  1. The Arbitrator will ordinarily conduct the Arbitration Hearing in the manner set forth in these Rules. The Arbitrator may vary 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 finalisation of the case.
  2. The Arbitrator shall determine the order of proof, which will generally be similar to that of a court trial.
  3. The Arbitrator shall require witnesses to testify under oath if requested by any Party, or otherwise in the discretion of the Arbitrator.
  4. 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.
  5. 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 cross-examine. 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 cross-examine but will give that evidence only such weight as the Arbitrator deems appropriate.
  6. 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.
  7. The Hearing or any portion thereof may be conducted telephonically with the agreement of the Parties or in the discretion of the Arbitrator.
  8. 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.
  9. 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.
  10. The Arbitrator may proceed with the Hearing in the absence of a Party that, after receiving notice of the Hearing pursuant to Rule 14, fails to attend. The Arbitrator may not render an Award solely on the basis of the default or absence of the Party but shall require any Party seeking relief to submit such prima facie evidence as the Arbitrator may require for the rendering of an Award. If the Arbitrator reasonably believes that a Party will not attend 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
Waiver of Hearing

The Parties may agree to waive oral Hearing and submit the dispute to the Arbitrator for an Award based on written submissions and other evidence as the Parties may agree.

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 endeavor to obtain full compliance with the award with the co-operation and/or consent of the other affected party and/or his/her employer.

Waiver
  1. 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.
  2. 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
  1. 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.
  2. 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.
Fees
  1. Each Party shall pay its pro-rata share of CCT fees and expenses as set forth in the CCT fee schedule in effect at the time of the commencement of the Arbitration, unless the Parties agree on a different allocation of fees and expenses. CCT agreement to render services is jointly with the Party and the attorney or other representative of the Party in the Arbitration. The non-payment of fees may result in an administrative suspension of the case.
  2. CCT requires that the Parties deposit the fees and expenses for the Arbitration prior to the Hearing and the Arbitrator may preclude a Party that has failed to deposit its pro-rata or agreed-upon share of the fees and expenses from offering evidence of any affirmative claim at the Hearing.
  3. The Parties are jointly and severally liable for the payment of CCT Arbitration fees and Arbitrator compensation and expenses. 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.
  4. Entities whose interests are not adverse with respect to the issues in dispute shall be treated as a single Party for purposes of CCT assessment of fees. CCT shall determine whether the interests between entities are adverse for purpose of fees, considering such factors as whether the entities are represented by the same attorney and whether the entities are presenting joint or separate positions at the Arbitration.

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
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

R150-00
Arbitration: per 30 minutes

or part there of

R250
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.

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