Gardner Leader LLP
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3 Contributions by Gardner Leader LLP Experts
PRACTICE NOTES
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
Arbitration
PRACTICE NOTES
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
Arbitration
PRACTICE NOTES
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’
Arbitration
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