GAFTA ARBITRATION RULES 125 PDF

Gafta is operating as normally as possible. Staff members can be contacted by email and phone. We cannot receive any post while the office is closed, so please send all communications, including Arbitration submissions, via email. Membership Gafta has a wide range of membership categories, including traders, brokers, superintendents, analysts, fumigators, arbitrators, individuals, professionals and branches of members. Membership includes access to the members directory and a variety of members-exclusive benefits correlating directly to our six key services. Read more Arbitration Gafta operates an international dispute resolution service for contractual disputes.

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Indeed, London is the home of a variety of commodities trade associations, each one with its own standard contracts, arbitration rules and tribunals. Concerning the first, Rule Rule Lord Hacking criticizes this provision, as giving an advantage to the party whose legal position is least tenable: he or she is not likely to agree with the employment of legal representatives.

Southern called our attention to an apparent contradiction in Rule So parties should consider whether they want such costs to be recoverable or not — because the default position seems to be that costs cannot be recovered without a specific agreement that they can be. Moreover, it is widely known that Gafta has been historically somewhat reluctant to allow the use of lawyers[7] and those provisions seem to be intended to impose a hurdle on the recoverability of costs for legal representation.

They work almost as a penalty for employing lawyers. In verbis: The parties to any such arbitration or appeal shall be deemed to have consented to the Council taking such action as aforesaid. The advantage of this seemingly imposition is that it enables Gafta to maintain uniformity and predictability in its decisions. It also adds to legal certainty, as traders know that English Law will be the basis of the proceedings as it is already for the contracts.

The flip side not well versed in Gafta terms or not trained in English law may find it but impossible to understand and intervene in a competent manner. It is also worth mentioning that Gafta Rules have very short limitation periods for bringing a claim. As a general rule, traders have one year to serve a notice on the respondent. In addition, the even shorter limitation period for cases when samples will be analysed is also a most logical provision, as goods are perishable and allowing disputes to happen after they started to become stale would be a pointless and expensive exercise.

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Some peculiar aspects of GAFTA Arbitrations

Indeed, London is the home of a variety of commodities trade associations, each one with its own standard contracts, arbitration rules and tribunals. Concerning the first, Rule Rule Lord Hacking criticizes this provision, as giving an advantage to the party whose legal position is least tenable: he or she is not likely to agree with the employment of legal representatives. Southern called our attention to an apparent contradiction in Rule So parties should consider whether they want such costs to be recoverable or not — because the default position seems to be that costs cannot be recovered without a specific agreement that they can be.

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Practical Law

Expedited Arbitration Procedure Rules No. These disputes are adjudicated by qualified arbitrators, who are experts in maritime matters. Arbitration Rules No. Mediation can be used at any time and is a useful way to assist parties in negotiating solutions whilst at the same time preserving trade relationships.

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