THE GRAIN AND FEED TRADE ASSOCIATION. GAFTA No ARBITRATION RULES Effective for Contracts dated from 1st March 20__. A note on the changes to Gafta Arbitration Rules. The new Arbitration Rules (Rules) came into effect from 1 September and have. The Grain and Feed Trade Association (“Gafta”) recently published a new edition of its Arbitration Rules No. (the “Gafta Arbitration Rules”).

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In which event the parties may be represented by one of their employees, or by arbitragion GAFTA Qualified Arbitrator or other representative, but they may not be represented by a solicitor or barrister, or other legally qualified advocate, wholly or principally engaged in private practice, unless legal representation is expressly agreed. Going forward, we will, through the Arbitration Committee in particular, keep the Rules under regular review and any member who has any comments is invited to contact me direct.

In respect of claims arising out of certificates of analysis in respect of which allowances are not fixed by the terms of the contract, not later than the 21st consecutive day after the date on which the claimant receives the final certificate of analysis.

The tribunal formerly appointed shall thereupon cease to act and shall not be re-appointed when the dispute is referred as aforesaid. Although the changes to the Rules are not extensive, many of them will be welcomed by those involved in the commodities industry, as they attempt to deal with some of the practical problems encountered during the arbitration process.

The changes, having been drawn up by a committee representing the trade, highlight the benefits of a trade organisation which draws on the practical experience of its tules. Login Cart About Contact Search. The award of the board of appeal, whether confirming, varying, amending or setting aside the original award of arbitration, shall be signed by the chairman of the board of appeal, and, when so signed, shall be deemed to be the award of the board of appeal, arbutration shall be final, conclusive and binding.

Upon receipt of the signed award GAFTA shall give notice to the parties named in the award that the award is at their disposal upon payment of the fees and expenses incurred by abitration tribunal and GAFTA.

Follow Please login to follow content. The intention plainly is to root out any frivolous arbitration claims at an early stage, rather than to permit them to linger in the books.

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Browse the Membership Directory for Gafta Arbitrators. Gafta have however maintained the 21 day time limit for commencing arbitration for circumstances where one of the parties usually the buyer requires a Gafta arbitrator to analyse samples taken for the purposes of resolving a dispute.

If neither the appeal fee required under Rule The changes have been made to address a number of practical concerns which have been raised by Gafta arbitration users. The context is this: The board of appeal may in its absolute discretion extend the time limits in these Rules, and no objection that time has expired shall be taken if the requirements of Rules were previously complied with.


In the event of an oral hearing the parties may be represented by one of their employees, or by a qualified arbitrator who has not previously acted in the case or by a representative, but they may not be represented by a solicitor or barrister, or other legally qualified advocate, wholly or principally engaged in private practice, unless legal representation is expressly agreed.

So far as concerns such notices, this Rule over-rides any other provisions of the contract. For example, it is the same limit set by the Hague and Hague Visby Rules. Arbitration Committee The aim of the Arbitration Committe is to provide transparency regarding the policies and procedures of all aspects of the arbitration services, including clarifying the relationships, roles and responsibilities between Gafta and Arbitrators.

In order to maintain its high standards all Gafta Qualified Arbitrators and Mediators must demonstrate a commitment to continuing professional development to keep up-to-date on all contractual and arbitral issues.

The new rules seek to do this by re-naming the heading for Rule 2. Articles 19 News If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries lexology. Where the first tier award was made by a tribunal of three arbitrators, then the board of appeal shall comprise of five members. Any decision made pursuant to this Rule shall be final, conclusive and binding.

Gafta’s arbitration service provides parties who use our standard forms of contract with a system to resolve trade disputes in a fast and efficient manner. The parties to any such arbitration or appeal shall be deemed to have consented to the Council taking such action as aforesaid. Although Gafta have attempted to alleviate the issues caused by quality and condition claims, it remains to be seen whether the new provision relating to samples Rule 2.

If the deposit is not paid within 60 days of being called for, the arbitration shall be deemed to be waived and barred Rule 4. In the age of long chains, this is a sensible provision – one Paranagua case alone that we are handling involves a chain of over 50 parties. An appeal involves a new hearing of the dispute and the board of appeal may confirm, vary, amend or set-aside the award of the tribunal.

IBA Rules on the Takin Where two arbitrators have been appointed, GAFTA shall appoint a third arbitrator on receipt of the first statements and evidence submitted in accordance with Rule 4, or, where interlocutory or interim decisions are required of a tribunal, upon the application of either party.


If a tribunal decides not to admit the claim, then the claimant shall have the right to appeal pursuant to Rule 10, and the board of appeal shall have the power in its absolute discretion to overturn that decision and to admit the claim; upon appeal if any of the provisions of Rules 10 to 20 have not been complied with, then the board of appeal may, in its absolute discretion, extend the time for compliance notwithstanding that rlues time may already have expired or dispense with the necessity for compliance and may proceed to hear and determine the appeal as if each and all of those Rules had been complied with.

Otherwise the tribunal may determine that the claim is waived and barred and refuse to admit it. Letter of Appointment as a Gafta Arbitrator.

NEW GAFTA RULES: give and take – Lexology

The latest version of the No. Where the tribunal considers that an oral hearing is necessary, the date, time and place will be arranged rabitration GAFTA. The timetable will require the service of pleadings in the following order: The rules provide for a two-stage arbitration system.

GB If notice of withdrawal is received by GAFTA not later than rulds hours before the time of the first scheduled hearing of the appeal a third of the deposit shall be returned.

NEW GAFTA 125 RULES: give and take

Expenses Guidelines and Claim Form for Arbitrators. Share Facebook Twitter Linked In. Our Comment Many of these changes will be welcomed by the industry as they clarify and adapt some of the practical aspects of Gafta arbitration procedure.

The Appellant then has the right, on receipt of Respondent’s statement and documents, to issue a statement in reply. Gafta Qualified Arbitrator Status. Effective for contracts dated from 1st January Gafta No. In the case of a sole arbitrator 2 sets, or in the case of a tribunal of three arbitrators, 4 sets of statements and evidence, shall be delivered to GAFTA. For the most part the amendments tidy up the Rules. If notice of withdrawal is received by the Association within 10 consecutive days of the date on which the appeal was lodged in accordance with Rule Gafta Arbitration Rules are incorporated in all Gafta standard forms of contracts.

An arbitrator appointed under these Rules shall be a GAFTA Qualified Arbitrator and shall not be interested in the transaction nor directly interested as a member of a company or firm named as a party to the arbitration, nor financially retained by any such company or firm, nor a member of nor financially retained by any company or firm financially associated with any party to the arbitration.