How does Arbitration work?
Arbitration is a private judicial hearing, heard by an independent Arbitrator appointed by both the parties, with knowledge of their specific industry and industry practices. The parties agree to be bound to any award given by the Arbitrator. The intention is to hold a flexible, quick, fair, process which allows the parties to continue doing business with each other in the future.
The parties can agree on their arbitrator, or can ask the Arbitration Foundation of South Africa to appoint a suitable arbitrator.
Disputants have the security of an administered system with carefully drafted Rules for Arbitration.
Arbitration in the Grain Industry in South Africa
Arbitration in South Africa is governed by the Arbitration Act 42 of 1965. The Grain, Cereals, and Oilseed and Pulses industry in RSA have developed a Standard Trading Contract called SAGOS 1. The contract is regularly revised and the current version is SAGOS 1 Ver.9. SAGOS 1.9 specifies that any dispute amongst the parties MUST be settled by Arbitration in terms of the Arbitration Rules of the Arbitration Foundation of South Africa (AFSA).
Click here for a copy of SAGOS 9
Click here for a copy of the AFSA Arbitration rules.
How can Hochfeld help with Arbitration for your company?
- You can appoint Steve Hochfeld (in his personal capacity) as your selected AFSA arbitrator.
- If an Arbitrator has already been appointed, you can consult with Steve Hochfeld, or you can use Steve Hochfeld as an Arbitration advisor. Steve has managed industry problems and disputes for many years and has qualified as both a SAGOS and AFSA arbitrator.