Chris Felton
Chris is a Partner in Gardner Leader’s Dispute Resolution team.
Chris specialises in complex, multi-jurisdiction litigation and is a regular in the Commercial, Chancery and Technology and Construction Courts. His work includes a significant amount of international arbitration (LCIA, ICC, Swiss Rules, GAFTA and ad hoc), often on a sovereign/interstate level. He is recognised in the Legal 500 as a Leading Individual in Commercial Litigation and regularly features in Chambers and Partners.
Many of Chris’ cases have an international dimension. He has litigated for clients in a number of different jurisdictions including the US, Canada, Brazil, Germany, France, Switzerland, The Netherlands, former CIS States, Slovenia, Czech Republic, Turkey, Abu Dhabi, Seychelles, Malaysia, Singapore and China.
3 Contributions by Chris Felton
PRACTICE NOTES
Gafta 125 appeals: de novo procedure, strict time limits, hearings, costs, defaulters and AA 1996 challenges (England-seated arbitrations)
This Practice Note explores the appeals route under the Gafta Arbitration Rules No. 125 (Gafta 125). References to ‘Rules’ in this Practice Note are to the Gafta 125 rules in force for contracts dated from 1 March 2022, unless stated otherwise. For guidance on starting arbitration under Gafta 125, see Practice Note: Gafta—commencing an arbitration under Gafta Arbitration Rules No. 125. For an outline of the first-tier arbitration, see Practice Note: Gafta—the arbitration process under Gafta Arbitration Rules No. 125. Under Gafta 125, an appeal is a de novo (ie a wholly new) hearing of the dispute before a different Gafta tribunal. Accordingly, the parties may present evidence and submissions not advanced at first instance, and the Board of Appeal may affirm, vary, amend or set aside any part of the award (Rule 12.5)...
Preliminary steps and time limits Notice of Appeal
To initiate an appeal, by 12 noon on the 30th consecutive day after the first-tier award, the appellant must:
notify Gafta of its intention to challenge the first-tier award and pay an appeal deposit to Gafta. The amount to be paid to Gafta...
Arbitration
PRACTICE NOTES
Gafta Arbitration Rules No. 125: Commencing Claims—Time Limits, Notice Requirements, Tribunal or Sole Arbitrator Appointments, Lapse and Renewal, Jurisdictional Objections, and Initial Deposits
Introduction to Gafta 125
The Grain and Feed Trade Association (Gafta) is a global body bringing together traders, brokers, superintendents, analysts, fumigators, arbitrators and other specialists across the international grain market. Its arbitration secretariat, based at the association’s London headquarters, oversees the conduct of arbitrations. Gafta issues a suite of standard form contracts, each containing an arbitration clause directing any disputes to be resolved under the Gafta rules. The preamble to Gafta 125 confirms that all disputes arising from contracts or agreements incorporating those rules must be referred exclusively to Gafta.
This Practice Note explains how to start an arbitration under the Gafta Arbitration Rules No. 125 (Gafta 125). Unless stated otherwise, references to the ‘Rules’ in this Practice Note mean the Gafta 125 rules, which apply to contracts dated from 1 March 2022. For additional background on Gafta and comparable trade bodies, see Practice Note: Commodities arbitration—trade associations and arbitration rules.
Time limits for claiming arbitration
To begin arbitration under Gafta 125, a claimant must serve on the respondent a notice confirming an intention to refer the dispute to arbitration (a Notice of Intention) within the following time limits:
Dispute — Applicable time limit
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Arbitration
PRACTICE NOTES
Gafta Arbitration Rules No. 125: post-commencement procedure, submissions, deposits, string arbitrations, hearings, awards, costs, time limits and defaults
This Practice Note reviews the arbitration process under the Grain and Feed Trade Association (Gafta) Arbitration Rules No. 125 (Gafta 125) once a party has invoked arbitration. References to ‘Rules’ are to Gafta 125, in force for contracts dated from 1 March 2022, unless stated otherwise. For guidance on launching an arbitration under Gafta 125, see Practice Note: Gafta—commencing an arbitration under Gafta Arbitration Rules No. 125. For an outline of the Gafta appeals process, see Practice Note: Gafta—appeals under Gafta Arbitration Rules No.125.
Exchange of submissions
To commence an arbitration under Gafta 125, the claimant must, within the prescribed time, serve the respondent with a notice confirming its intention to refer the dispute to arbitration (the Notice of Intention). After the Notice of Intention is served, the claim generally progresses as follows:
Under Rule 4.1, the claimant prepares a ‘clear and full’ submission of its case.
Under Rule 4.2, the respondent prepares a ‘clear and full’ defence submission and any counterclaim.
Submissions typically follow a memorial format and are often prepared by the parties’ legal representatives. Although no length is fixed, submissions are ordinarily succinct.
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Arbitration
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