Gafta—the arbitration process under Gafta Arbitration Rules No. 125
Produced in partnership with Chris Felton of Gardner Leader LLP and Katie Dyson of Gardner Leader LLP
Practice notesGafta—the arbitration process under Gafta Arbitration Rules No. 125
Produced in partnership with Chris Felton of Gardner Leader LLP and Katie Dyson of Gardner Leader LLP
Practice notesThis Practice Note considers the arbitration process under the grain and feed trade association (Gafta) arbitration rules No. 125 (Gafta 125) after a party has claimed arbitration. References to ‘rules’ in this Practice Note are to the rules of Gafta 125, effective for contracts dated from 1 March 2022, unless otherwise indicated.
For information on commencing an arbitration under Gafta 125, see Practice Note: Gafta—commencing an arbitration under Gafta Arbitration Rules No. 125. For an overview of the Gafta appeals process, see Practice Note: Gafta—appeals under Gafta Arbitration Rules No.125.
Exchange of submissions
To commence an arbitration under Gafta 125, the claimant must serve on the respondent a notice confirming its intention to refer the dispute to arbitration within the prescribed time limit (the Notice of Intention). Once the Notice of Intention has been served, the claim will generally proceed as follows:
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the claimant must draw up ‘clear and full’ submission of their case (Rule 4.1). Similarly, the respondent shall draw up a ‘clear and
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