ADR QUESTIONS AND ANSWERS

Our Experienced Practitioner, Mr Jonathan Mitchell (Western Cape Regional Chairman), will present this interactive online workshop as part of the Association’s ongoing mission to provide regular upskilling opportunities for everyone with an interest in Alternative Dispute Resolution (ADR) and answer your questions.

Join us for this interactive event, expand your skills and expand your knowledge.  Be prepared to join an intensive discussion.

About this Workshop

The purpose of the online workshop is to upskill arbitrators who are not from the legal fraternity and may have become somewhat rusty on certain terminology which crops up from time to time in arbitration, adjudication and/or mediation.  This workshop will also be beneficial to the Association’s students as it will assist in preparing them to become competent arbitrators.

The online workshop will be an open discussion debate forum where Mr Mitchell, an experienced arbitrator, will act as the chairperson of the deliberations.

Following are the topics for discussion, debate and deliberation at the workshop:

1. Dispute resolution by means of Adjudication is designed to be quick and relatively cheap. It is also sometimes regarded as being “rough justice”.  Could one except to a defective submission in Adjudication?
2. Under the latest JBCC Adjudication rules, the procedure laid down is for the initiating party to submit a Statement of Claim; the responding party to submit a Statement of Defence; and the initiating party may issue a Replication to the Statement of Defence. What happens if the responding party submits a counter claim?  What happens if the responding party submits a Rejoinder to the Replication?
3. How does one go about enforcing an Adjudicator’s Determination?
4. In an Arbitration, may a party request a security for costs? Is this dealt with in the Arbitration Act?  Is this dealt with under the Association’s Rules for the Conduct of Arbitrations?  How does one secure the security for costs?  What if the party ordered to furnish security for costs fails to do so?
5. In an international cross‑border agreement, may a party build into that agreement with foreign companies that South African law applies, especially if the services are provided in South Africa, to the foreign company, and furthermore, can one insist that South African Mediation and Arbitration Rules will apply in the event of a dispute?
6. Cross-border international contracts frequently state that the applicable law to this contract will be the law of the country where the contract is executed. Does that then mean that interpretation of that law is to be in accordance with the common law of a different country?
7. What happens if an Arbitrator’s Award or an Adjudicator’s Determination is not dated? Alternatively, is not signed by the Arbitrator or Adjudicator?
8. What would be the correct scale of costs where Party A has to bring an application to court to have an Arbitrator appointed in terms of a valid Arbitration Agreement which is opposed by Party B?
9. What are qualifying costs and who do they apply to generally?
10. The Legal Practice Act requires instructions to be in writing. Are such instructions awarded or considered to be on an attorney and client scale, or are these instructions regarded as being party and party costs?
11. Under sections 32(2) and 33(1) of the Arbitration Act, 42 of 1965, are circumstances under which an Award can be remitted and/or set aside. Can an Award for Costs also be remitted and/or set aside?
12. Can the Arbitration Tribunal go back and amend the Award for Costs upon queries by a party to those proceedings?
13. Are the costs incurred by a Cost Consultant included in the cost of the Arbitration?
14. Can in-house legal resources costs be included in the costs of an Arbitration if no external lawyers are engaged?
15. Are opportunity costs of Members of Management, who are tied up in Arbitration and not able to earn revenue for their organisation during the time spent on Arbitration, claimable in an Arbitration?

Who Should Attend?

• Legal Professionals;
• Contract Consultants;
• Contractors;
• Employers;
• Project Managers;
• Party representatives;
• Claims consultants;
• Anybody involved in the construction industry;
• Anybody interested in ADR.

Venue

Attend online via Zoom.

Cost (Incl. VAT)

AoA Members:      R0.00
ACPM, BIArb, CESA, MBA, RICS, SAICE and WISA Members:      R50.00
Non-members:      R100.00
Students, university students, candidate attorneys, pupil advocates and professional trainees can attend free of charge!

Register

For more information and to see the questions that will be addressed, please download the Brochure.

To register, please download and send us your completed Registration Form.

Enquiries

Contact Miss Michelle Venter (Financial Manager) – michelle@arbitrators.co.za.

We look forward to seeing you on Friday, 4 August 2023 at 10:00 on Zoom!!!

What Attendees Said …

Thank you to the Association of Arbitrators Southern Africa NPC‘s Western Cape Regional Chairman, Mr Jonathan Mitchell, for presenting another excellent workshop on Friday, 4 August 2023!

Here’s what attendees said:

Mr Nigel Haupt: “Excellent as usual.”.

Mr Benti Czanik: “Excellent”.

Mr Werner Van Buuren: “Thank you for spending time to answer each and every question long after the duration set for the workshop.”.

Mr Paballo Nthoba: “the contents were informative”.

Mr Setuka Nkadimeng: “These workshops are helpful and empowering. thank you!”.

Mr Richard Morgan: “Always learn something more. Well done, good talk. Thank you.”.

Mr Derek Bonheim: “Thanks very much – great as usual”.

Mr Sharm Bauchoo: “Presently attending an Association of Arbitrators Workshop “Powers and Duties of an Arbitrator” presented by Adv Pierre Rossouw SC. As usual, a well presented and knowledgeable presentation.”.

Thank you to all who attended and contributed to the success of this event!

Missed this event?

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