7.2 request the parties to agree within a specified period of time on another appointed arbitrator or other special arbitrators chosen by them from the Foundation`s panel of arbitrators and to inform them of the consequences of any disagreement in accordance with 7.3.2.1 or 7.3.2.2; 11.2.10 (but only with their express written consent) to allow the other parties to participate in the arbitration and to make an arbitral award on all matters submitted by all parties, including the parties so related, for decision by the arbitrator; 21.2.1 The arbitration shall be held in camera, and a party shall have the right to require the arbitrator to exclude from the arbitration any person whose presence is not reasonably required by another party. If the Secretariat has not refused to accept the request for arbitration under Article 5, but it is not possible to obtain the services of the individual arbitrator(s) for the respective arbitration proceedings agreed in the arbitration agreement or in the proceedings referred to in paragraphs 4, 5 and 6, the Secretariat may: – • the arbitral tribunal may give reasons for the award in summary form, unless the parties have agreed that no reason can be given. 7.1 inform the parties that the services of the respective arbitrator or arbitrators for the respective arbitration cannot be obtained; This functionality is also included in the rules of the LCIA 2020, in which the combination of a third party may be authorized by a court, provided that both the party accompanying the party and the requesting party have consented (Article 22.1(x), Rules of the LCIA 2020). For more information, see LCIA Arbitration (2020 Rules): Step-by-Step Guide: Multiparty Litigation). 12.2 The final award and all interim awards shall be made in writing and, unless all parties agree otherwise in writing, the reasons for the award shall be stated. The award shall be signed and dated by the arbitrator or, in the case of an arbitral tribunal composed of three arbitrators, by all the members of the arbitral tribunal. If a minority of the members of a court refuse to sign the award, such rejection shall be mentioned in the award but shall not be declared null and void. Given that the ICC, LCIA and AFSA have all implemented updated rules over the past two years, it is perhaps not surprising that they have introduced similar procedures for the accession of other parties. However, AFSA`s updated rules indicate a significant evolution compared to the rules adopted by its regional competitor, CRCICA. The CRCICA rules implemented in March 2011 limit the membership of third parties to those who have signed the arbitration agreement (Article 17(6), CRCICA Rules). This difference is important given the potential cost and time required to initiate parallel arbitration, which would be avoided if a third party were involved in an existing arbitration.
For this reason, this element of the AFSA rules must be regarded as more attractive than the corresponding PROVISION of the CRCICA. If the parties have agreed that the arbitration will be conducted in accordance with the AFSA Rules, they shall be deemed to have agreed that any arbitration between them shall be conducted in accordance with the AFSA International Arbitration Rules. 10.2.4 Nothing of the foregoing shall prevent the Parties or Parties from paying the Secretariat an amount in excess of that required for a particular stage or stages and, in such event, the Secretariat shall notify the Arbitrator of the time during which it may continue the arbitration without further approval or instruction from the Secretariat. The above does not cover all the items listed in the new rules, but only a summary of their scope and nature. The introduction of these rules certainly offers the parties the opportunity to settle international disputes and strengthens South Africa`s position as an international arbitrator. 13.2.1 The arbitration costs referred to in point 13.1 include the fees payable to the Foundation for administrative costs and the provision of a place, as well as the arbitrator`s fees, as well as all costs incurred by the arbitrator in performing his or her arbitration obligations, fees and expert fees expressly declared by the arbitrator as recoverable costs, and normal legal costs incurred by the parties. 11.2.2 decide on its own jurisdiction, including ruling on any dispute relating to the existence or validity of the arbitration agreement or its scope; “arbitration agreement” means a written agreement that provides for the reference to arbitration for an existing or future dispute, whether or not it appoints an arbitrator; 11.2.4 conduct the arbitration in accordance with these Rules and render an arbitral award in default or without hearing a defaulting party, as provided for in these Rules, or if the arbitrator fails to appear or comply with a decision or preliminary award of the arbitrator; Given the differences between these two sets of rules, South Africa`s role as a regional centre for international arbitration appears to continue to grow. 20.1 All pleadings and other pleadings, notices and notices attached shall be delivered in typed form with an original for the Secretariat and a sufficient number of copies to provide a copy for each party and a copy for the arbitrator or arbitrator. 6.1.6 by including in its reply as many copies as the sum of the number of claimants and the number of arbitrators requested by the plaintiff(s) or defendant(s). 23.1 If all parties to the dispute agree in writing that the arbitration will be conducted at an agreed time and place and following a procedure agreed or expressly decided by the arbitrator, they may jointly request in writing to the Secretariat that such arbitration be conducted by an arbitrator of their choice or of a particular class in the Annex by the Secretariat. 9.2.3 forward the record to the arbitrator(s) and inform him that the arbitration may continue subject to the provisions of Article 10.2 in accordance with Rule 10.1.
In principle, the parties undertake to treat as confidential all arbitral awards and documents prepared for the purposes of arbitration. An exception to this principle is that the award may be published by AFSA in anonymized or pseudonymized form, unless a party objects in writing within 30 days of service of the award. 20.4.2.1 Subject to article 20.4.2.2, the manner in which all pleadings, documents and other communications may be served or physically sent to a respondent or a third party who has agreed to join the arbitration in the manner prescribed by these Rules of Procedure shall be served or physically sent as follows: This article focuses on the position of the Rules of Procedure on two characteristics of international arbitration: which have undergone significant changes in recent years: ARTICLE 5: Acceptance or rejection of the request for arbitration 24. These rules of procedure may be amended at any time by the Secretariat and may be obtained from the Registrar upon request. These changes will apply to all future and current arbitrations, including partially heard arbitration, unless the arbitrator may decide otherwise in the interest of a fair resolution of the dispute. The parties are obliged to inform the Chancellor of such changes at all times. 5. The Secretariat, if it is satisfied that the dispute has a prima facie case and that all claims fall within the scope of the provisions of the Arbitration Convention and that points 4.2 and 4.3 have been complied with, and if it is not prepared, in its sole discretion, to accept the request for arbitration, it shall inform the claimant that it will grant the request to provide the administrative means of the requested arbitration.
If the Secretariat refuses to accept the request for arbitration, it shall inform the claimant and refuse to do so solely on the grounds that it is not prepared, in its sole discretion, to accept such a request, it shall reimburse the claimant for the administrative costs. Prior to the constitution of the arbitral tribunal, article 29 of the Rules of Procedure allows a party or non-party to the arbitration to apply for the accession of one or more other parties to the arbitration by consent or if the additional party is prima facie bound by the arbitration agreement. Once the arbitral tribunal has been constituted, the subscribing party will be awarded to another party only if all the parties to the arbitration, including the additional party accompanying the party, including the additional party joining the arbitration, agree (Article 29, paragraph 8). At the end of the arbitration, the arbitrator shall return the file to the Secretariat and submit it to the Registrar. 3.2 apply only to commercial arbitration proceedings administered by or under the auspices of the Foundation; provided that, when the Secretariat of the Foundation accepts a request for arbitration in accordance with these Rules of Procedure, such acceptance shall result in arbitration as commercial arbitration; 8.3 Any party to such arbitration who becomes aware of such a request to a court shall inform the Registrar, who shall inform the arbitrator thereof. This provision reflects the situation under the 2021 ICC rules, with one exception. Under the ICC Rules, if an application for membership is made after the confirmation or appointment of an arbitrator, the tribunal may authorize membership without the consent of all parties (subject to the consent of the additional party to the formation of the tribunal and the terms of reference) (Article 7 of the ICC Rules 2021). .
