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 notes

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 notes
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This 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:

  1. the claimant must draw up ‘clear and full’ submission of their case (Rule 4.1). Similarly, the respondent shall draw up a ‘clear and

Chris Felton
Chris Felton

Chris is a Partner in Gardner Leader’s Dispute Resolution team.
 
Chris specialises in complex, multi-jurisdiction litigation and is a regular in the Commercial, Chancery and Technology and Construction Courts. His work includes a significant amount of international arbitration (LCIA, ICC, Swiss Rules, GAFTA and ad hoc), often on a sovereign/interstate level. He is recognised in the Legal 500 as a Leading Individual in Commercial Litigation and regularly features in Chambers and Partners.
 
Many of Chris’ cases have an international dimension. He has litigated for clients in a number of different jurisdictions including the US, Canada, Brazil, Germany, France, Switzerland, The Netherlands, former CIS States, Slovenia, Czech Republic, Turkey, Abu Dhabi, Seychelles, Malaysia, Singapore and China.

Katie Dyson
Katie Dyson

Associate, Gardner Leader LLP


Katie is an Associate in Gardner Leader’s Dispute Resolution team.
 
Katie specialises in complex multi-jurisdiction litigation and has experience in banking and finance disputes. Her work includes procurement claims, cross border injunctions, civil fraud, commodities actions, corporate litigation and a significant amount of international arbitration (ICC and GAFTA), including at a sovereign/interstate level.

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Jurisdiction(s):
United Kingdom
Key definition:
Arbitration definition
What does Arbitration mean?

Generally, a private form of final and binding dispute resolution by an appointed arbitral tribunal acting in a quasi-judicial manner. Arbitration is, generally, founded on party agreement (the arbitration agreement), and regulated and enforced by national courts.

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