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.

Topics for Discussion

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

1. How should the Arbitrator address the situation where one party to an Arbitration keeps requesting a postponement of the arbitral proceedings because he keeps changing attorneys?
2. Article 25 of our Rules allows for early dismissal of claims and defenses. On what basis may a party apply for such early dismissal?
3. How does an Arbitrator define his jurisdiction?
4. How should an Arbitrator conduct the arbitral proceedings where the Claimant raises a new issue in its reply to the Statement of Defence?
5. Where a party fails to place the Arbitrator in funds:
   1. May the Arbitrator suspend the arbitral process?
   2. Is that party in default according to the Rules?
   3. May the Arbitrator dismiss that party’s case and continue with the arbitral process?
6. In Court one may apply for a default judgment under certain circumstances. Can one do likewise in an Arbitration and apply for a Default Award?
7. How should the Arbitrator conduct the arbitral process where, after agreeing all of the submission dates, one party files its Pleadings two days late and the other party brings an application for those late Pleadings to be dismissed?
8. May an Arbitrator issue an Interim Order without a party applying for him/her to do so?
9. How should the Arbitrator conduct the Arbitral Proceedings if Claimant has failed to submit a Notice of Arbitration?
10. What must be included in a Notice of Arbitration?
11. What is a “Sealed Offer”?
12. If a “Sealed Offer” is only valid for acceptance by a specified date, and such date has passed by the time the Arbitrator opens same, after publishing his Award, does the content of the “Sealed Offer” still have an effect on the award of costs?
13. Should the Respondent file a Response to the Notice of Arbitration?
    1. If so, what should it contain?
    2. What if Respondent fails to file a Response?
    3. May the Arbitral Proceedings continue without a Response?
14. Does the Arbitrator have the power to rule on his/her own jurisdiction?

Fees

Association 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

Expand your skills and knowledge!

For more information please download the Brochure.

To receive your link to the workshop please download and submit your Registration Form to michelle@arbitrators.co.za.

Enquiries

Michelle Venter: michelle@arbitrators.co.za / +27 11 884 9164

We look forward to seeing you on Friday, 22 November 2024 at 10:00 on Zoom!

What Attendees Said …

Thank you to the Association of Arbitrators (Southern Africa) NPC‘s Western Cape Regional Branch Chairman, Mr Jonathan Mitchell, for presenting this successful interactive workshop on Friday, 22 November 2024!

Here’s what attendees said:

Mr Devis Cristin: “A great learning experience.“

Mr Richard Morgan: “Well done, more of these type of webinars – always new things to be learnt.“

Mrs Cindy Wells: “Very good experiences raised by active participants.  I appreciated the succinct yet well substantiated responses by the host, as well as links to relevant information sources.“

Mr Andrew Walker: “Excellent.“

Mr Thabiso Ngozwana: “Excellent learning platform. Please keep them coming.“

Ms Andiswa Nkosi: “It was a very informative session.  I learnt a lot about the Rules in arbitrations concerning dismissal of claims, establishing the jurisdiction of an arbitrator and arbitrator’s funds in general.“

Ms Gift Mogodi: “May we kindly have three hours, the session was very informative.“

Mr Uwe Putlitz: “Well done – again, thank you.“

Mrs Blessings Mlambo: “It was amazing to observe participants voluntarily sharing key nuggets applicable to arbitration.  Somehow comforted me as a recent graduate to know there isn’t a fixed formula to ADR, even experienced arbitrators still asked questions and pointed out mistakes.  The platform allowed everyone to be human, vulnerable and be supported by others.  It was an insightful collaboration with excellent results.“

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

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