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  • 3.3.3-COTTON MARKETING-THE COMMENCEMENT OF ARBITRATION AND FORMALITIES

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  • The commencement of arbitration and formalities

    Chapter 3 - Cotton marketing - Arbitration 

     
     
    When a dispute arises it should be addressed at an early stage. Every attempt should be made to settle the matter in an amicable fashion, perhaps by finding a ‘middle ground’ where the parties would be content to settle their differences.

    No party wants to have to resort to arbitration. A formal and legal resolution to a dispute therefore usually only follows a protracted period of dialogue and exchange. Only when negotiation fails and an amicable settlement is not possible does a party seek recourse to arbitration to resolve the dispute.

    A party wishing to commence arbitration proceedings must first send a formal request to ICA advising the details of the respondent and confirm they have sent the respondent a copy of the application. The formal request will include a copy of the contract and, where applicable, a copy of the separate written arbitration clause and any application fee that is due in line with the Rules.

    The claimant will nominate its arbitrator, unless both parties have agreed the name of the sole (single) arbitrator, who would then be advised.

    ICA can refuse arbitration facilities. This can happen if, for instance, one party has been suspended or refused membership.