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AFSA Rules for the Conduct of Unadministered International & Construction Arbitration (Standard Rules & Expedited Rules)

1 March 2019.

AFSA’s Construction Rules provide specialised procedures tailored to the unique complexities of construction and engineering disputes.

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AFSA Rules for the Conduct of Unadministered International & Construction Arbitration (Standard Rules & Expedited Rules)

Copyright © 2021 (Rules for the Conduct of Unadministered International & Construction Arbitration (Standard Rules & Expedited Rules)) The Arbitration Foundation of Southern Africa (AFSA). All rights reserved.

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Chapter 1: Standard Rules for the Conduct of Unadministered Arbitration

Section 1: Pre-appointment Procedures

Article 1:
 
1. This article sets out the purpose, scope of application of the Standard Rules and the Expedited Rules for Unadministered Arbitration (hereinafter, the Rules) of the Arbitration Foundation of Southern Africa (hereinafter, AFSA), defines certain words and phrases and guides the interpretation of the Rules.

2. The purpose of the Rules is to provided a single definitive set of rules governing AFSA’s unadministered as opposed to administered arbitrations in a format closely modelled on the UNCITRAL Arbitration Rules, adapted to facilitate the application of the Rules in conformity with current arbitration legislation, principles and best practice.

3. The Rules provide for unadministered arbitral proceedings wherein AFSA, including the AFSA Court, performs limited functions including the appointment of Arbitrators and deciding challenges of Arbitrators. AFSA and the AFSA Court reserve the right to refuse to perform any function including the appointment of an arbitrator or a tribunal (hereinafter, tribunal) or to decide on the challenge of a tribunal.

4. By electing to apply the Rules, the parties irrevocably agree to submit to the authority of and to pay on demand any fee or disbursement levied or ordered by AFSA including the AFSA Court and the tribunal.

5. In all matters not expressly provided for in the Arbitration Agreement or in the Rules, the parties and the tribunal shall at all times act in good faith and in accordance with the spirit and purpose of the Arbitration Agreement and the Rules and they shall ensure that any award or order is legally recognised and enforceable at the juridical seat of the arbitration.

6. Where parties have agreed in writing that disputes between them in respect of a defined legal relationship, whether contractual or otherwise, shall be referred to unadministered (standard or expedited) arbitration under the auspices of AFSA, then such disputes shall be settled in accordance with these Rules subject to such modification as the parties may agree in writing.

7. An agreement in writing includes an electronic communication if the information contained therein is accessible so as to be useable for subsequent reference.

8. An electronic communication means any communication by means of data messages, and data message means data generated, sent, received or stored by electronic means.

9. The Rules shall come into force on a date published by AFSA. Unless the parties have agreed otherwise, the Rules shall apply to any dispute referred to arbitration under these Rules on or after the date so published by AFSA, irrespective of the date of the Arbitration Agreement.

10. The Rules shall govern the arbitration except that where any article of the Rules is in conflict with a provision of any law applicable to the arbitration from which the parties cannot derogate, such provision of law shall prevail.

11. In the Rules:

11.1. AFSA means the Arbitration Foundation of Southern Africa NPC or its successor in law and/or title and includes, without limitation, all divisions of AFSA including AFSA International, the AFSA Secretariat, the AFSA Court and the AFSA Court Registrar.

11.2. AFSA Court means the entity known as the AFSA Court as more fully described in its Constitution and it includes, without limitation, all and any of its officers, members, officials and employees.

11.3. Arbitral Tribunal and Tribunal means a sole Arbitrator or all the Arbitrators where more than one are appointed.

11.4. Arbitration Agreement has the same meaning as defined in the International Arbitration Act 15 of 2017 of the Republic of South Africa.

11.5. Construction Arbitration means any arbitral proceedings directly or indirectly relating to or arising from the construction industry including, without limitation, the preparation of land and the construction, alteration and repair of buildings, structures and other immovable property.

11.6. Interim Measure means an interim measure as defined in article 26 of the Standard Rules.

11.7. Registrar means the Registrar of the AFSA Court and includes, without limitation, all and any agent, nominee, official or employee.

11.8. Secretariat means the Secretariat of AFSA and includes, without limitation, all and any agent, nominee, official or employee.

11.9. Rules mean the latest published edition of the AFSA Rules for the Conduct of Unadministered Arbitration including the Standard Rules and the Expedited Rules thereunder. The Standard Rules and the Expedited Rules shall have corresponding meanings.

12. Words or phrases derived from those defined have corresponding meanings unless expressly or contextually indicated otherwise. Words used in the singular shall include the plural and vice versa as the context may require and natural persons shall include juristic persons and vice versa. Words such as claimant, respondent, arbitrator and representative shall be construed as gender-neutral.

13. A reasonable interpretation of anything contained in the Rules which is consistent with the purpose of the Rules shall be preferred over any alternative interpretation.
Article 2:
 

1. A notice including without limitation a notification, communication or proposal may be transmitted by document, facsimile, e-mail, text message or any form of electronic communication.

2. If an address has been designated by a party specifically for purposes of notification or authorised by the Arbitral Tribunal, any notice shall be delivered or transmitted to that party at that address, and if so delivered or transmitted, shall be deemed to have been received. Delivery by electronic communication may only be made to an address or number designated or authorized for that purpose.

3. The provisions of paragraphs 1 to 2 and 4 to 7 of this article shall also find application to all and any processes relating to or arising from the arbitral proceedings and any award made in consequence thereof. Such application shall include without limitation any review-, enforcement- and execution processes subsequent to the tribunal’s final award.

4. In absence of designation or authorisation as envisaged in paragraph 2 of this article, a notice –

4.1. is received if it is physically delivered to or received by the addressee, and

4.2. shall be deemed to have been received if it is delivered at or transmitted to the last known place of business, habitual residence, mobile or facsimile number, e-mail address or conventional mailing address of the addressee.

5. If, after reasonable efforts, delivery cannot be effected in accordance with paragraphs 2 or 4, a notice is deemed to have been received if it is sent to the addressee’s last known place of business, habitual residence, mobile or facsimile number, e-mail address or conventional mailing address by registered letter or any other method that provides a record of transmission or of attempted transmission.

6. A notice shall be deemed to have been received on the day it is delivered or attempted to be delivered in accordance with paragraphs 2, 4 or 5 of this article. A notice transmitted by electronic communication is deemed to have been received on the day it is transmitted, except that a notice of arbitration so transmitted is only deemed to have been received on the first business day following the day of transmission to the addressee’s electronic address or number.

7. For the purpose of calculating any period of time under the Rules, such period shall begin to run on the day following the day when a notice is delivered or deemed to have been received. If the last day of such period is an official holiday or a non-business day at the address of the addressee, the period is extended until the first business day which follows. Official holidays or non-business days occurring during the running of any period of time under the Rules are included in calculating the period.

Article 3:
 
1. The party initiating recourse to arbitration (hereinafter, the claimant) shall communicate to the other party (hereinafter, the respondent) a notice of arbitration.

2. Arbitral proceedings shall be deemed to commence on the date on which the notice of arbitration is received or deemed to have been received by the respondent. This deeming provision shall not derogate from a party’s right to contend for an earlier date with respect to the interruption of any applicable time bar such as prescription, or a preceding agreement between the parties regarding the commencement of arbitral proceedings or the appointment of an Arbitral Tribunal.

3. The notice of arbitration shall include the following:

3.1. A demand that the dispute be referred to arbitration;

3.2. The names and contact details of the parties;

3.3. The name and contact details of any Arbitrator already nominated or agreed upon by the parties;

3.4. Identification of the Arbitration Agreement that is invoked;

3.5. Identification of any contract or other legal instrument out of or in relation to which the dispute arises or, in the absence of such contract or instrument, a brief description of the relevant relationship;

3.6. A description of the claim and an indication of the amount involved, if any;

3.7. The relief or remedy sought;

3.8. A proposal as to the number of Arbitrators, language and juridical seat of the arbitration, if the parties have not previously agreed thereon;

3.9. A full disclosure of any current or future third party funding of the arbitral proceedings, including the identity of the funder and/or the source of the funding and any interest of the funder in the outcome of the arbitral proceedings. The obligation to fully and promptly disclose any form of third party funding shall endure for the duration of the arbitral proceedings and the Arbitral Tribunal shall be entitled at any stage of the proceedings to require further disclosure in this regard from any party.

4. The notice of arbitration may also include:

4.1. A proposal for the appointment of a sole Arbitrator referred to in article 8;

4.2. Notification of the appointment of a Tribunal referred to in article 9 or article 10.

5. The constitution of the Arbitral Tribunal shall not be hindered by any controversy relating to or arising from the notice of arbitration. Such controversy shall be resolved by the Arbitral Tribunal.
Article 4:
 
1. Within 14 days of the receipt or deemed receipt of the notice of arbitration, the respondent shall communicate to the claimant a response to the notice of arbitration, which shall include:

1.1. The name and contact details of each respondent;

1.2. A response to the information set forth in the notice of arbitration, pursuant to paragraphs 3.1 to 3.9 of article 3 and, if applicable, pursuant to paragraphs 4.1 to 4.2 of article 3.

2. The response to the notice of arbitration may also include:

2.2. Any plea that an Arbitral Tribunal to be constituted under the Rules lacks jurisdiction;

2.3. A proposal for the appointment of a sole Arbitrator referred to in article 8;

2.4. Notification of the appointment of a Tribunal referred to in article 9 or article 10;

2.5. A brief description of counterclaims or claims for the purpose of set-off if any including where relevant an indication of the amounts involved and the relief or remedy sought;

2.6 A notice of arbitration in accordance with article 3 if the respondent formulates a claim against a party to the Arbitration Agreement other than the claimant.

3. The constitution of the Arbitral Tribunal shall not be hindered by any controversy in respect of the respondent’s failure to communicate or to communicate properly a response to the notice of arbitration, or an incomplete or late response to the notice of arbitration. Such controversy shall be resolved by the Arbitral Tribunal.
Article 5:
 
1. Each party may be represented by persons chosen by it. The names and addresses of such persons must be communicated to all parties and to the Arbitral Tribunal.

2. The Arbitral Tribunal, on its own initiative or at the request of any party, may at any time require proof of authority granted to the representative in such form and to such extent as the Arbitral Tribunal may determine.
Article 6:
 
1. In exercising its appointing or any other function under the Rules, AFSA may require from any party and the Tribunal the information it deems necessary and it may give the parties and where appropriate the Tribunal an opportunity to present their views in any manner it considers appropriate. All such communications to and from AFSA shall also be communicated by the sender to all other parties and the Secretariat.

2. When AFSA is requested to appoint a Tribunal or to confirm the appointment of a Tribunal under the Rules, the party making the request shall send to the Secretariat copies of the Arbitration Agreement, the notice of arbitration and, if it exists, any response to the notice of arbitration.

3. AFSA shall have regard to such considerations as are likely to secure the appointment of an independent and impartial Tribunal and it may, through the Secretariat, require an appointment fee deposit from a party. Should a party remain in default to effect such deposit, the Secretariat shall determine a time limit for compliance and shall inform all other parties of the default and the determined time limit. Any other party shall be entitled to effect the deposit on behalf of the defaulting party. In the event that no party effects the required deposit within the determined time limit, the Secretariat may suspend or decline the request for an appointment.

Section 2: Composition of Arbitral Tribunal

Article 7:
 
1. If the parties have not previously agreed on the number of Arbitrators, and if within 14 days after the receipt by the respondent of the notice of arbitration the parties have not agreed that there shall be three Arbitrators, AFSA shall appoint a sole Arbitrator.

2. If no other parties have responded to a party’s proposal to appoint a sole Arbitrator within the time limit provided for in paragraph 1 of this article and the party or parties concerned have failed to appoint a second Arbitrator in accordance with article 9 or article 10, AFSA may at the request of a party appoint a sole Arbitrator pursuant to the procedure provided for in article 8 if it determines this to be more appropriate.

3. Notwithstanding any statutory or regulatory provision to the contrary, any decision by the parties for purposes of the Rules that the Arbitral Tribunal shall comprise three Arbitrators shall imply that the third Arbitrator is the Presiding Arbitrator, not an umpire.
Article 8:
 
1. Where the Tribunal is to comprise one Arbitrator, if within 14 days of the receipt of the notice of arbitration the parties have not agreed on such Arbitrator, a sole Arbitrator may, at the request of a party, be appointed by AFSA.
Article 9:
 
1. If three Arbitrators are to be appointed, each party shall appoint one Arbitrator. The two Arbitrators thus appointed shall choose the third Arbitrator who shall act as the Presiding Arbitrator.

2. If within 14 days after the receipt of a party’s notification of the appointment of an Arbitrator the other party has not notified the first party of the Arbitrator it has appointed, the first party may request AFSA to appoint the second Arbitrator.

3. If within 14 days after the appointment of the second Arbitrator the two Arbitrators have not agreed on the identity of the Presiding Arbitrator, AFSA may appoint the Presiding Arbitrator in the same way as a sole Arbitrator would be appointed under article 8.
Article 10:
 
1. Where three Arbitrators are to be appointed and there are multiple parties as claimant or as respondent, unless the parties have agreed to another method of appointment of Arbitrators, the multiple parties shall jointly, whether as claimant or as respondent, shall appoint an Arbitrator.

2. If the parties have agreed that the Arbitral Tribunal is to be composed of a number of Arbitrators other than one or three, the Arbitrators shall be appointed according to a method agreed upon by the parties.

3. In the event of any failure to constitute the Arbitral Tribunal under the Rules, AFSA may, at the request of any party, constitute the Arbitral Tribunal and in doing so it may revoke any appointment already made and appoint or reappoint each of the Arbitrators and designate one of them as the Presiding Arbitrator.
Article 11:
 
1. When a person is approached for potential appointment as an Arbitrator, such person shall disclose any circumstances likely to give rise to justifiable doubt as to the person’s impartiality or independence. An Arbitrator, from the time of appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties and the other Arbitrators unless they have already been informed of these circumstances.

2. Before accepting appointment, the Arbitrator shall also provide a statement of availability.
 
Article 12:
 
1. Any Arbitrator may be challenged if circumstances exist that give rise to justifiable doubt as to the Arbitrator’s impartiality or independence.

2. A party may challenge the Arbitrator only for reasons of which it becomes aware after the appointment of the Arbitrator.

3. In the event that an Arbitrator fails to act or in the event of legal or factual impossibility of performing his or her functions, the procedure in respect of the challenge of an Arbitrator as provided for in article 13 shall apply.
 
Article 13:
 
1. A party that intends to challenge an Arbitrator shall send notice of such challenge within 14 days after it has been notified of the appointment of the challenged Arbitrator, or within 14 days after the circumstances mentioned in articles 11 and/or 12 became or ought reasonably to have become known to that party.

2. The notice of challenge shall be communicated to the AFSA Court, through the Secretariat, to the other parties and to the Arbitrator so challenged. The notice of challenge shall state the factual basis of the challenge.

3. When an Arbitrator has been challenged by a party, all parties may agree to the challenge in which case the Arbitrator shall withdraw from office. The Arbitrator may also, after the challenge, withdraw from office. In neither case does this imply acceptance of the validity of the grounds for the challenge.

4. If, within 14 days from the date of the notice of challenge all parties do not agree to the challenge, or the challenged Arbitrator does not withdraw, the challenging party may elect to pursue the challenge. In that case, within 7 days from expiry of the aforesaid 14 day period, the challenging party shall submit written application to the AFSA Court throught the Secretariat for a decision on the challenge.

5. The AFSA Court shall in its sole discretion determine its own composition, the conduct, procedure and format of the challenge and the law, principles, evidentiary and other rules and guidelines applicable to the challenge. The AFSA Court shall conduct the challenge in such manner as it considers appropriate, provided that the parties and the challenged Arbitrator are treated with equality and that at an appropriate stage of the challenge proceedings each party and the challenged Arbitrator are given a reasonable opportunity of presenting evidence and/or making submissions in a manner determined by the AFSA Court. The AFSA Court shall conduct the challenge proceedings so as to avoid unnecessary delay and expense and to provide a fair and efficient process for resolving the challenge.

6. The AFSA Court shall have the discretionary powers

6.1. to determine its own fees and disbursements, if any, in the challenge; 
6.2. to award costs in the challenge;
6.3 to refer the determination of all or any part of the costs in the challenge to the Tribunal.

7. The Secretariat may require a challenge fee deposit from a challenging party and, if the challenging party remains in default to effect such deposit, the Secretariat shall determine a time limit for compliance and shall inform all other parties of the default and the determined time limit whereupon any party shall be entitled to effect the deposit on behalf of a defaulting party. In the event that no party effects the required deposit within the determined time limit, the Secretariat may suspend or decline the challenge.

8. The decision on the challenge by the AFSA Court shall be final and binding on the parties, the Tribunal and the challenged Arbitrator, with no right of appeal to any Arbitral Tribunal or a court of law or other judicial authority.

9. The right of a party or Arbitrator to seek the review and setting aside of the AFSA Court’s challenge decision by a court of law or other judicial authority shall be limited to one or more of the following grounds only:

9.1. where the AFSA Court has misconducted itself in relation to its duties in the challenge;
9.2. where the AFSA Court has committed a gross irregularity in the conduct of the challenge;
9.3. where the AFSA Court has exceeded its powers in the challenge;
9.4. where the decision of the AFSA Court has been improperly obtained.
Article 14:
 
1. Subject to paragraph 2 of this article, in any instance where an Arbitrator has to be replaced during the course of the arbitral proceedings, a substitute Arbitrator shall be appointed or chosen pursuant to the procedure provided for in articles 8 to 11. This procedure shall also apply if during the process of appointing the Arbitrator to be replaced, a party had failed to exercise its right to appoint or to participate in the appointment.

2. In the event that AFSA shall appoint the replacement Arbitrator the Secretariat may require an appointment fee deposit from a requesting party. Should a requesting party remain in default to effect such deposit the Secretariaty shall fix a time limit for compliance and shall inform all other parties of the default and the fixed time limit. Any other party shall be entitled to effect the deposit on behalf of the defaulting party. In the event that no party effects the required deposit within the fixed time limit, the Secretariat may suspend or decline the request.

3. If, at the request of a party, AFSA determines that, in view of exceptional circumstances of the proceedings, it would be justified for a party to be deprived of its right to appoint a substitute Arbitrator, AFSA may, after giving an opportunity to the parties and the remaining Arbitrators to express their views,

3.1. appoint a substitute Arbitrator; or
3.2. after the closure of the hearing, authorise the remaining Arbitrators to proceed with the arbitration and make any decision or award.
Article 15:
 
1. If an Arbitrator is replaced, the proceedings shall resume at the stage where the Arbitrator who was replaced ceased to perform his or her functions, unless the reconstituted Arbitral Tribunal, after consultation with the parties, decides otherwise.
Article 16:
 
1. Save for intentional wrongdoing, the parties irrevocably waive to the fullest extent permitted under the applicable law any claim against the Tribunal, AFSA, the AFSA Court, the AFSA Court Registrar and the AFSA Secretariat including, without limitation, any officer, member, official, nominee, agent or employee of any of the aforesaid, based on any act or omission relating to or arising from any appointment, nomination, confirmation, decision, delegation or any other aspect of the arbitral proceedings.

Section 3: Arbitral Proceedings

Article 17:
 
1. Subject to the Rules, the Arbitral Tribunal may conduct the arbitration in such manner as it considers appropriate, provided that the parties are treated with equality and that, at an appropriate stage of the proceedings, each party is given a reasonable opportunity of presenting its case. The Arbitral Tribunal shall conduct the proceedings so as to avoid unnecessary delay and expense and to provide a fair and efficient process for resolving the parties’ dispute.

2. Within 14 days of its constitution, the Arbitral Tribunal shall convene a preliminary meeting with the parties and shall notify the parties of the date, time and venue of the meeting. The Arbitral Tribunal may direct that the preliminary meeting be conducted in any manner that does not require the physical presence of the parties. The Arbitral Tribunal, after inviting the parties to express their views, shall direct the provisional timetable for the arbitration.

3. If at an appropriate stage of the proceedings any party so requests, the Arbitral Tribunal shall hold hearings for the presentation of evidence by witnesses, including expert witnesses and/or for oral argument. In the absence of such a request, the Arbitral Tribunal may decide whether to hold such hearings or whether the proceedings shall be conducted on the basis of documents and other material.

4. All communications to the Arbitral Tribunal by one party shall be communicated by that party to all other parties. Such communications shall be made at the same time, except as otherwise permitted by the Arbitral Tribunal.

5. The Arbitral Tribunal may, at the request of any party, allow one or more third persons to be joined in the arbitration as a party provided such person is a party to the Arbitration Agreement, unless the Arbitral Tribunal finds, after giving all parties, including the person or persons to be joined, the opportunity to be heard, that joinder should not be permitted because of prejudice to any party. The Arbitral Tribunal may make a single award or several awards in respect of all parties so involved in the arbitration.
Article 18:
 
1. Reference in the Arbitration Agreement or in the Rules to the place of arbitration shall ordinarily be construed as defining the juridical seat of the arbitration. Any controversy or absence of agreement between the parties in this regard shall be resolved by the Arbitral Tribunal. The award shall be deemed to have been made at the juridical seat of the arbitration.

2. The Arbitral Tribunal may conduct hearings and meetings and it may deliberate at any place that it considers appropriate.
Article 19:
 
1. Subject to any prior agreement by the parties, the language of the Arbitration Agreement shall determine the language of the arbitration. In the event of controversy the Arbitral Tribunal shall promptly determine the language or languages to be used in the proceedings. This determination shall apply to the statement of claim, the statement of defence and any further written statements and, if oral hearings take place, to the language or languages to be used at such hearings.

2. The Arbitral Tribunal may direct that any documents annexed to the statement of claim or statement of defence, and any supplementary documents or exhibits submitted in the course of the proceedings, delivered in their original language, shall be accompanied by a translation into the language or languages of the arbitration.
Article 20:
 
1. The claimant shall communicate its statement of claim in writing to the respondent and to each of the Arbitrators within a period of time to be determined by the Arbitral Tribunal. The claimant may elect to treat its notice of arbitration as a statement of claim, provided that the notice of arbitration complies with the requirements of paragraphs 2 to 4 of this article.

2. The statement of claim shall include the following particulars:

2.1. the names and contact details of the parties;
2.2. a statement of the facts supporting the claim;
2.3. the points at issue;
2.4. the relief or remedy sought including costs and interest;
2.5. the legal grounds or arguments supporting the claim.

3. A copy of any contract or other legal instrument out of or in relation to which the dispute arises and a copy of the Arbitration Agreement shall be annexed to the statement of claim.

4. In addition to what is set out in paragraphs 2 and 3 of this article, the statement of claim shall be accompanied by copies of all relevant documents relied upon by the claimant to sustain every averment in the statement of claim.
Article 21:
 
1. The respondent shall communicate its statement of defence in writing to the claimant and to each of the Arbitrators within a period of time to be determined by the Arbitral Tribunal. The respondent may elect to treat its response to the notice of arbitration as a statement of defence, provided that the response to the notice of arbitration complies with the requirements of paragraph 2 of this article.

2. The statement of defence shall reply to the particulars of claim and shall address the particulars as set out in sub-paragraphs 2.1 to 2.5 and paragraphs 3 and 4 of article 20. The statement of defence shall be accompanied by all relevant documents relied upon by the respondent to sustain every averment contained therein.

3. In its statement of defence, or at a later stage in the arbitral proceedings only if the Arbitral Tribunal decides that the delay was justified under the circumstances, the respondent may make a counterclaim or rely on a claim for the purpose of a set-off, provided that the Arbitral Tribunal has jurisdiction over such claim.

4. The provisions of paragraphs 2 to 4 of article 20 shall apply to a counterclaim, a claim under sub-paragraph 2.6 of article 4, and a claim relied on for the purpose of a set-off.
Article 22:
 
1. During the course of the arbitral proceedings a party may amend or supplement its claim or defence, including a counterclaim or a claim for the purpose of a set-off or a defence thereto, unless the Arbitral Tribunal considers it inappropriate to allow such amendment or supplement having regard to any delay in making it, prejudice to other parties or any other relevant circumstances.

2. A claim or defence, including a counterclaim or a claim for the purpose of set-off, may not be amended or supplemented in such a manner that the amended or supplemented claim or defence falls outside the jurisdiction or scope of authority of the Arbitral Tribunal.
Article 23:
 
1. The Arbitral Tribunal shall have the power to rule on its own jurisdiction, including any objections with respect to the existence or validity of the Arbitration Agreement. For that purpose, an arbitration clause that forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by the Arbitral Tribunal that the contract is a nullity shall not automatically invalidate the arbitration clause.

2. A plea that the Arbitral Tribunal does not have jurisdiction shall be raised no later than in the statement of defence or, with respect to a counterclaim or a claim for the purpose of set-off, in the defence to the counterclaim or to the claim for the purpose of set-off. A party is not precluded from raising such plea by the fact that it has appointed or participated in the appointment of an Arbitrator. A plea that the Arbitral Tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority arises during the arbitral proceedings. The Arbitral Tribunal may, in either case, admit a later plea if it considers the delay justified.

3. The Arbitral Tribunal may rule on a plea referred to in paragraph 2 of this article either in an interim award or in a final award. The Arbitral Tribunal may continue with the arbitral proceedings and may make an award, notwithstanding any challenge to its jurisdiction pending before a court of law or other judicial authority.
Article 24:
 
1. The Arbitral Tribunal shall decide which further written statements, in addition to the statement of claim and the statement of defence, shall be required from the parties, or may be presented by them, and shall fix the periods of time for communicating such statements.
Article 25:
 
1. The periods of time fixed by the Arbitral Tribunal for the communication of written statements including the statement of claim and statement of defence shall not exceed 21 days.

2. The Arbitral Tribunal may extend the time limits if it considers such extension justified.
Article 26:
 
1. The Arbitral Tribunal may, at the request of a party, grant interim measures.

2. An interim measure is any temporary measure by which, at any time prior to the issuance of the award by which the dispute is finally decided, the Arbitral Tribunal orders a party, for example and without limitation, to:

2.1. maintain or restore the status quo pending determination of the dispute;
2.2. take action that would prevent, or refrain from taking action that is likely to cause, current or imminent harm or prejudice to the arbitral process;
2.3. provide means of preserving assets out of which a subsequent award may be satisfied;
2.4. preserve evidence that may be relevant and material to the resolution of the dispute;
2.5. provide security for costs;
2.6 provide security for claim.

3. The party requesting an interim measure shall satisfy the Arbitral Tribunal;

3.1. that harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm substantially outweighs the harm that is likely to result to the party against whom the measure is directed if the measure is granted; and
3.2. that there is a reasonable probabability that the requesting party may succeed on the merits of the claim or defence, as the case may be. The determination of this probability shall not affect the discretion of the Arbitral Tribunal in making any subsequent determination.

4. With regard to a request for an interim measure under sub-paragraph 2.4 of this article, the requirements in sub-paragraphs 3.1 and 3.2 of this article shall apply only to the extent that the Arbitral Tribunal considers necessary.

5. The Arbitral Tribunal may modify, suspend or terminate an interim measure on application by any party or, in exceptional circumstances and upon prior notice to the parties, on the Arbitral Tribunal’s own initiative.

6. The Arbitral Tribunal may require of the party requesting an interim measure to provide appropriate security in connection with the measure.

7. The Arbitral Tribunal may require any party promptly to disclose any material change in the circumstances on the basis of which the interim measure was requested or granted.

8. The party requesting an interim measure may be liable for any costs and damages caused by the measure to any party if the Arbitral Tribunal subsequently determines that, in the circumstances then prevailing, the measure should not have been granted. The Arbitral Tribunal may award such costs and damages at any point during the proceedings.

9. A request for interim measures addressed by any party to a court of law or other judicial authority shall not be deemed incompatible with the agreement to arbitrate, or as a waiver of that agreement, except that by agreeing to arbitration under the Rules, a party will be deemed to have agreed not to apply to any court of law or other judicial authority for relief available from the Arbitral Tribunal under sub- paragraphs 2.5 and 2.6 and paragraph 10 of this article.

10. Subject to paragraphs 3 and 11 of this article and unless the parties agree otherwise the Arbitral Tribunal may, on application by a party, order any claiming or counterclaiming party to provide appropriate security for costs and/or claim including additional security.

 11. In the event that any party ordered to provide security for costs and/or claim fails to do so within the time determined by the Arbitral Tribunal without demonstrating sufficient cause, the Arbitral Tribunal may make any appropriate order or award.
Article 27:
 
1. The Arbitral Tribunal shall proceed within the shortest possible period of time to establish the facts of the matter by any appropriate means.

2. Witnesses including expert witnesses who are presented by the parties to tender evidence to the Arbitral Tribunal on any issue of fact, opinion or expertise may be any individual, notwithstanding that the individual is a party to the arbitration or in any way related to a party. Unless otherwise directed by the Arbitral Tribunal, evidence by witnesses including expert witnesses may be presented in writing.

3. At any time during the arbitral proceedings the Arbitral Tribunal may require of the parties to produce documents, exhibits or other evidence within such a period of time and in such manner as the Tribunal shall determine.

4. The Arbitral Tribunal shall determine the admissibility, relevance, materiality and weight of any evidence tendered. The Tribunal shall determine the manner in which evidence is tendered and it shall determine the topics on and the extent to which cross-examination, if any, shall be allowed.
Article 28:
 
1. In the event of an oral hearing, the Arbitral Tribunal shall give the parties notice of the date, time and place thereof.

2. Witnesses including expert witnesses may submit their evidence and may be examined under the conditions and in the manner as directed by the Arbitral Tribunal.

3. Hearings shall be held in private unless the parties agree otherwise. The Arbitral Tribunal may require that any witness or witnesses including expert witnesses be excluded from the hearing during the evidence of other witnesses, except that a witness including an expert witness who is a party to the arbitration shall not in principle be excluded from the hearing.

4. The Arbitral Tribunal may direct that witnesses including expert witnesses submit their evidence and be examined through any means of communication that do not require their physical presence at the hearing.
Article 29:
 
1. After consultation with the parties, the Arbitral Tribunal may appoint one or more independent experts to report to it, in writing, on specific issues to be determined by the Arbitral Tribunal. The expert’s terms of reference, established by the Arbitral Tribunal, shall be communicated to the parties.

2. The expert shall, before accepting appointment, submit to the Arbitral Tribunal and to the parties a description of his or her qualifications and a statement of his or her impartiality and independence. Within the time ordered by the Arbitral Tribunal, the parties shall inform the Arbitral Tribunal of any objections as to the expert’s qualifications, impartiality or independence. The Arbitral Tribunal shall decide promptly on any such objections. After an expert’s appointment, a party may object to the expert’s qualifications, impartiality or independence only if the objection is for reasons of which the party was not aware and could not reasonably have become aware at the time of appointment. The Arbitral Tribunal shall decide promptly on any action, if any, to be taken in this regard.

3. The parties shall provide the expert with any relevant information or produce or make available for his or her inspection any relevant document, thing or property that he or she may reasonably require. Any controversy as to relevance shall be resolved by the Arbitral Tribunal.

4. Upon receipt of the expert’s report, the Arbitral Tribunal shall communicate a copy thereof to the parties. The parties shall be given the opportunity to express, in writing, their response to the report. A party shall be entitled to examine any document, thing or property on which the expert has relied for purposes of compiling the report.

5. The expert, after delivery of the report, may be called upon by by the tribunal or a party to attend a hearing where the parties shall be entitled to examine the expert on conditions and in a manner determined by the Tribunal. At this hearing, any party may present expert witnesses to give evidence on relevant matters at issue. The provisions of article 28 shall apply to such proceedings.
Article 30:
 
1. If, within the period of time determined by the Rules or the Arbitral Tribunal, without showing sufficient cause;

1.1. the claimant has failed to communicate its statement of claim, the Arbitral Tribunal shall order the termination of the arbitral proceedings unless there are remaining matters that may need to be decided and the Arbitral Tribunal considers it appropriate to do so, or

1.2. the respondent has failed to communicate its response to the notice of arbitration or its statement of defence, the Arbitral Tribunal shall order that the arbitral proceedings continue, without treating such failure in itself as an admission of the claimant’s allegations. The provisions of this subparagraph shall also apply to a claimant’s failure to submit a defence to a counterclaim or to a claim for the purpose of a set-off.

2. If a party, duly notified under the Rules, fails to attend a hearing or other meeting without showing sufficient cause for such failure, the Arbitral Tribunal may proceed with the hearing or meeting.

3. If a party fails to pay any amount determined by the Arbitral Tribunal, the AFSA Court or the Secretariat, the Secretariat shall determine a time limit for compliance and shall inform all other parties of the default and the determined time limit. Any other party shall be entitled to effect such payment on behalf of the defaulting party. In the event that no party effects the required payment within the determined time limit, the Arbitral Tribunal, the AFSA Court or the Secretariat may suspend the arbitral proceedings or any part thereof until such time as the amount is paid, or make any appropriate order or award.

4. If a party, directed by the Arbitral Tribunal to produce a document, exhibit or any other evidence, fails to do so or fails to comply with any interim award, order or directive within the period of time determined by the Arbitral Tribunal without showing sufficient cause for such failure, the Arbitral Tribunal may make an award on the evidence before it.
Article 31:
 
1. The Arbitral Tribunal may inquire of the parties whether they have further evidence to submit, witnesses to be heard or submissions to make and, if there are none, it may declare the hearing closed.

2. The Arbitral Tribunal may, if it considers it necessary owing to exceptional circumstances, decide on its own initiative or upon application of a party to reopen a hearing at any time before the award is made.
Article 32:
 
1. Failure by any party to object promptly to any non-compliance with the Rules or with any requirement of the Arbitration Agreement shall be deemed to be a waiver of the right of such party to object unless such party can demonstrate reasonable justification for its failure.

Section 4: The Award

Article 33:
 
1. Where there is more than one Arbitrator, any award or other decision of the Arbitral Tribunal shall be made by a majority of the Arbitrators.

2. In the case of questions of procedure, when there is no majority or when the Arbitral Tribunal so authorises, the Presiding Arbitrator may decide alone, subject to revision by the Arbitral Tribunal.
Article 34:
 
1. The Arbitral Tribunal may make separate awards on different issues at different times.

2. All awards shall be made in writing and shall be final and binding on the parties. The parties shall carry out all awards without delay.

3. The Arbitral Tribunal shall state the reasons upon which the award is based, unless the parties have agreed that no reasons are to be given.

4. An award shall be signed by the Arbitrators and it shall contain the date and place of the award. Where there is more than one Arbitrator and any of them fails to sign, the award shall state the reason for the absence of the signature.

5. Unless the parties otherwise agree, the Arbitral Tribunal shall make its award as soon as practicable, but in any event within 60 days after the closure of the hearing or the submission of the last document to the Arbitral Tribunal whichever is the latest, provided that the parties, at the request of Arbitral Tribunal, may by agreement in writing extend this period. The AFSA Court may also, at the request of the Arbitral Tribunal and on good cause shown, extend this period.

6. Unless the parties expressly agree otherwise in writing, the parties undertake as a general principle to keep confidential all awards in their arbitration together with all material in the proceedings created for the purpose of the arbitration and all other documents produced by any party in the proceedings not otherwise in the public domain, save and to the extent that disclosure may be required of a party under legal obligation, to protect, pursue or enforce a legal right or to enforce or challenge an award in bona fide legal proceedings before a court of law or other judicial authority.

7. The Arbitral Tribunal shall communicate copies of the signed award to the parties.

8. Notwithstanding anything else contained in the Rules, the Arbitral Tribunal shall only be obliged to communicate its award after receipt of full payment of all its fees and expenses.
Article 35:
 
1. The Arbitral Tribunal shall apply the rules of law designated by the parties as applicable to the substance of the dispute. Failing such designation by the parties, the Arbitral Tribunal shall apply the law which it determines to be appropriate.

2. The Arbitral Tribunal shall decide as amiable compositeur or ex aequo et bono or any principles derived therefrom only if the parties have expressly authorized the Arbitral Tribunal to do so.

3. In all cases, the Arbitral Tribunal shall decide in accordance with the terms of the contract, if any, and may take into account any usage of trade applicable to the transaction proved by the party placing reliance on such usage of trade.

4. The Arbitral Tribunal may, at the request of a party, apply the provisions of any law applicable at the juridical seat or the venue of the arbitration, or which applies to the dispute, and which provides for the reduction of any penalty or liquidated damages claim.
Article 36:
 
1. If, before the award is made, the parties agree on a settlement of the dispute, the Arbitral Tribunal shall either issue an order for the termination of the arbitral proceedings or, if requested by the parties and accepted by the Arbitral Tribunal, record the settlement in the form of an arbitral award on agreed terms. The Arbitral Tribunal is not obliged to give reasons for such an award.

2. If, before the award is made, the continuation of the arbitral proceedings becomes unnecessary or impossible for any reason not mentioned in paragraph 1 of this article, the Arbitral Tribunal shall inform the parties of its intention to issue an order for the termination of the proceedings and invite submissions by the parties. The Arbitral Tribunal may issue an order for the termination of the proceedings unless there are remaining matters that may need to be decided and the Arbitral Tribunal considers it appropriate to do so.

3. Copies of the order for termination of the arbitral proceedings or of the arbitral award on agreed terms, signed by the Arbitrators, shall be communicated by the Tribunal to the parties. Where an arbitral award on agreed terms is made, the provisions of paragraphs 2, 4, 6 and 8 of article 34 shall apply.
Article 37:
 
1. Within 14 days after the communication of the award a party, with notice to the other parties, may request the Arbitral Tribunal to provide an interpretation of the award.

2. The interpretation shall be given in writing within 14 days after receipt of the request by the Tribunal. The interpretation shall form part of the award and the provisions of paragraphs 2 to 4 and 6 to 8 of article 34 shall apply.
Article 38:
 
1. Within 14 days after the receipt of the award a party with notice to the other parties may request the Arbitral Tribunal to correct in the award any error in computation, any clerical or typographical error or any error or omission of a similar nature.

2. If the Arbitral Tribunal considers the request justified, it shall make corrections of the nature referred to in paragraph 1 of this article within 14 days of receipt of the request.

3. The Arbitral Tribunal may, on its own initiative, within 14 days after the communication of the award correct errors of the nature referred to in paragraph 1 of this article.

4. Corrections referred to in paragraphs 1 and 3 of this article shall be in writing and it shall form part of the award. The provisions of paragraphs 2 to 4 and 6 to 8 of article 34 shall apply.
Article 39:
 
1. Within 14 days after the receipt of a termination order or an award, a party may with notice to the other parties, request the Arbitral Tribunal to make an award or an additional award as to claims presented in the arbitral proceedings but not decided by the Arbitral Tribunal.

2. If the Arbitral Tribunal considers the request for an award or additional award justified, it shall render or complete its award within 30 days after the receipt of the request. The Arbitral Tribunal may extend, if necessary, the period of time within which it shall make the award.

3. When such an award or additional award is made, the provisions of paragraphs 2 to 4 and 6 to 8 of article 34 shall apply.
Article 40:
 
1. The Arbitral Tribunal shall fix the costs of arbitration in the final award or, if it deems it appropriate, in a separate award.

2. The term costs of arbitration includes only:

2.1. the fees of the Arbitral Tribunal, to be stated separately as to each Arbitrator;
2.2. the reasonable travel and other expenses incurred by the Arbitrators;
2.3. the reasonable costs of expert advice and of other assistance required by the Arbitral Tribunal;
2.4. any fees and expenses of AFSA and/or the AFSA Court.

3. In relation to interpretation, correction or completion of any award under articles 37 to 39, the Arbitral Tribunal may charge the fees and expenses referred to in sub-paragraphs 2.1 to 2.3 of this article, but no additional fees.

4. The parties are jointly and severally liable to the Arbitral Tribunal and to AFSA including the AFSA Court for all costs arising from and relating to the arbitration.
Article 41:
 
1. Unless the parties otherwise agree, the award of costs is in the discretion of the Arbitral Tribunal. In exercising its discretion, the Arbitral Tribunal may take into account such circumstances as it considers relevant, including the extent to which each party has conducted the arbitration in an expeditious and cost-effective manner.

2. For purposes of paragraph 1 of this article, the term costs includes costs of the arbitration as defined in sub-paragraphs 2.1 to 2.4 of article 40 and:

2.1. the legal and other costs incurred by the parties in relation to the arbitration;
2.2. the reasonable travel and other expenses of witnesses.

3. When the Arbitral Tribunal fixes costs it may employ the services of a professional taxing consultant to assist it in determining the amount of such costs. In the event of the Arbitral Tribunal employing the services of a professional taxing consultant, the costs thereof shall be costs in the arbitration proceedings subject to the Arbitral Tribunal’s directive as to costs in its final award.

4. If the parties agree or the Arbitral Tribunal directs that costs shall be taxed by a taxing master of a competent court of law at the juridical seat of the arbitration and the taxing master refuses or is unable to tax such costs, then the matter shall revert to the Arbitral Tribunal which shall either refer the costs to be taxed by such professional taxing service as may be agreed or, in the absence of agreement, such professional taxing service as the Arbitral Tribunal may appoint, or it may make an award of such costs as it deems reasonable in the circumstances.

5. At any time during the arbitral proceedings the Arbitral Tribunal may, on the application of a party, make a decision on costs and order payment thereof in an award. For this purpose, costs include a deposit required from one party and paid by another.

6. The Arbitral Tribunal may direct that recoverable costs of the arbitration or any part of the arbitral proceedings should be limited to a specified amount and/or duration of the hearing and/or in any other appropriate manner.

7. Any directive made by the Arbitral Tribunal under paragraph 6 of this article may be varied at any stage, provided that a direction for the limitation of costs or any variation thereof must be made sufficiently in advance of the incurring of costs or the taking of steps for the limitation to be taken into account.

8. The Arbitral Tribunal shall not exercise its powers under paragraphs 6 and 7 of this article without first affording the parties a reasonable opportunity to make relevant submissions
Article 42:
 
1. The Arbitral Tribunal may, upon its establishment and on appropriate terms, request the parties each to deposit an equal amount as an advance for the costs referred to in sub-paragraphs 2.1 to 2.3 of article 40.

2. During the course of the arbitral proceedings and on appropriate terms, the Arbitral Tribunal may request supplementary deposits of costs from the parties.

3. If the required deposits or supplementary deposits are not paid in full within 14 days from communicating the request, the Arbitral Tribunal shall determine a time limit for payment and inform all parties accordingly so that that either the defaulting party or any other party on behalf of the defaulting party may make the required payment within the time limit so determined. If such payment is not made within the determined time limit, the Arbitral Tribunal may order the suspension of the arbitral proceedings, terminate the arbitral proceedings by award or make any other appropriate determination.

4. After a termination order or final award has been made, the Arbitral Tribunal shall render an account to the parties of the deposits received, and return any unexpended balance to the parties.

Section 5: Emergency Measures

Article 43:
 
1. A party may apply for emergency relief prior to the constitution of the Arbitral Tribunal by submitting a written notice through the Secretariat to the AFSA Court and to all other parties. The notice shall set forth the nature of the emergency relief sought, the reasons why such relief is required on an emergency basis, and the reasons why the requesting party is entitled to such relief. The notice shall be submitted concurrent with or following the submission of a notice of arbitration. Such notice may be given in anny manner permitted by the Rules, and must include either a statement certifying that all parties have been notified, or an explanation of the steps taken in good faith to notify all parties.

2. The AFSA Court may require a fee deposit from a requesting party. Should a requesting party remain in default to effect such deposit, the Secretariat shall determine a time limit for compliance and shall inform any other party of the default and the determined time limit. Any other party shall be entitled to effect the deposit on behalf of the defaulting party. In the event that no party effects the required deposit within the determined time limit, the Secretariat may suspend or decline the application for emergency relief.

3. Within one business day of receipt of the notice as aforesaid, the AFSA Court shall appoint a single Emergency Arbitrator. Prior to accepting appointment, a prospective Emergency Arbitrator shall promptly disclose to the Secretariat any circumstances that may give rise to justifiable doubt as to the Emergency Arbitrator’s impartiality or independence. Any challenge to the appointment of the Emergency Arbitrator must be made to the AFSA Court through the Secretariat within one business day of the communication by the Secretariat to the parties of the appointment of the Emergency Arbitrator and any circumstances disclosed by the Emergency Arbitrator.

4. The Emergency Arbitrator shall as soon as possible, and in any event within one business day of appointment, in his or her sole discretion establish and communicate a schedule for consideration of the application for emergency relief. Such schedule shall provide a reasonable opportunity to all parties to be heard and may provide for proceedings by any suitable means of communication. The Emergency Arbitrator shall have all powers vested in an Arbitral Tribunal under the Rules, including the authority to rule on her or his own jurisdiction and to resolve any dispute relating to the applicability of this article and the question of urgency or emergency.

5. The Emergency Arbitrator shall have the power to order or award any interim or conservancy measures that the Emergency Arbitrator deems necessary, including injunctive relief and measures for the protection or conservation of any thing or property. Any such measures may take the form of an interim award or order. The Emergency Arbitrator shall provide reasons in either case. The Emergency Arbitrator may modify or set aside such interim award or order. Any such interim award or order shall have the same effect as an interim measure issued by the Arbitral Tribunal pursuant to the Rules and shall be binding on the parties. The parties shall comply with such an emergency award or order without delay.

6. Save for finalising a pending emergency procedure and rendering an interim award or order in respect thereof, the Emergency Arbitrator shall have no further power to act after the Arbitral Tribunal has been constituted.

7. Once the Arbitral Tribunal has been constituted, it may reconsider, modify or set aside any interim award or order of emergency relief issued by the Emergency Arbitrator.

8. The Emergency Arbitrator may not serve as a member of the Arbitral Tribunal, unless the parties agree otherwise.

9. Any interim award or order of emergency relief may be conditioned upon the provision of appropriate security by the party seeking such relief.

10. An application for emergency measures or urgent relief addressed by a party to a court of law or other judicial authority shall not be deemed incompatible with this article or with the agreement to arbitrate, nor shall it constitute a waiver of the right to arbitrate.

11. The costs associated with an application for emergency relief shall be addressed by the Emergency Arbitrator, subject to the power of the Arbitral Tribunal to finally determine the allocation of such costs.

12. The provisions of article 42 shall apply mutatis mutandis to any emergency procedure under this article.

Chapter 2: Expedited Rules for the Conduct of Unadministered Arbitrartion

Article 1:
 
1. An agreement between the parties to conduct their arbitration under the Expedited Rules shall be reduced to writing.

2. The AFSA Expedited Rules for the Conduct of Unadministered Arbitration (the Expedited Rules) are intended to facilitate less complicated unadministered arbitrations.

3. The Expedited Rules prescribe restricted party representation.

4. The Expedited Rules require an active and interventionist role from the Arbitral Tribunal.
Article 2:
 
1. The tribunal shall consist of one Arbitrator unless the parties agree otherwise in writing.
Article 3:
 
1. The provisions of articles 1, 2, 6, 8, 9, 11 to 16, 17.1 and 17.4, 18, 19, 23, 26 to 28 and 30 to 43 under the Standard Rules in Chapter One shall apply with such modifications required by the context to an arbitration conducted under the Expedited Rules.

2. The time periods provided for in the following articles of the Standard Rules shall, for purposes of the Expedited Rules and unless the parties agree otherwise, be:

2.1 Article 9, paragraph 1; Two days.
2.2 Article 9, paragraph 2; Two days.
2.3 Article 13, paragraph 1; Two days.
2.4 Article 13, paragraph 4; Two days and four days.
2.5 Article 34, paragraph 5; Ten days.
2.6 Article 37, paragraph 1; Two days.
2.7 Article 37, paragraph 2; Four days.
2.8 Article 38, paragraph 1; Two days.
2.9 Article 38, paragraph 2; Four days.
2.10 Article 38, paragraph 3; Four days.
Article 4:
 
1. Within two days from reference of the dispute to the Tribunal, the Tribunal shall convene a preliminary meeting with the parties, either in person or in any manner deemed appropriate by the Tribunal for inter alia the following purposes:

1.1. confirming that the dispute falls within the ambit of the Arbitration Agreement;
1.2. confirming that the arbitration is ready to proceed;
1.3. recording the acceptance by the Tribunal of its appointment and acceptance by the parties of any conditions attached to such acceptance;
1.4. confirming that the arbitration is to be conducted under the Expedited Rules or any other rules or a modification thereof;
1.5. ascertaining the nature of the claims and counterclaims and defences thereto relied upon by the parties;
1.6. ascertaining the allegations of fact on which the parties agree, and those on which they disagree;
1.7. recording in writing the matters referred to in sub-paragraphs 1.1 to 1.6 of this article, which recordal shall constitute an agreed statement of issues for purposes of the arbitration;
1.8. arranging for the submission by each party to the Tribunal and to the other parties such documents or copies of documents as they or the tribunal consider relevant to the determination of the issues;
1.9. arranging the date, time and venue of a hearing if applicable; and
1.10. arranging any other matters relating to or arising from any of the aforesaid.
Article 5:
 
1. The Tribunal may in its sole discretion follow formal or informal procedure, with or without a hearing. The Tribunal may receive evidence or submissions orally or in writing, sworn or unsworn, at joint meetings with the parties or, if the parties so agree, by the exchange of written statements or submissions between the parties with copies to the Tribunal, provided that each party shall have reasonable opportunity to present evidence and/or to make submissions and to respond to those of other parties.
Article 6:
 
1. In addition to the widest Arbitral Tribunal powers possible under the applicable law and subject only to the rules of natural justice, the powers of the Tribunal shall expressly include the following:

1.1. to depart from any statutory or common law rules of evidence in the manner and to the extent that it deems reasonable, necessary or expedient to achieve a fair, expeditious and cost-effective arbitral process within the spirit of the Expedited Rules;
1.2. to examine the parties or their witnesses on any matter relevant to the issues in the arbitration. 

2. To make any enquiries as the Tribunal may consider reasonable, necessary or expedient.

3. To grant to the parties such opportunity as the Tribunal deems reasonable, necessary or expedient to make amendments to the issues or to any statement or submission.

4. To inspect any property or thing in the manner and to the extent that the Tribunal deems reasonable, necessary or expedient.

5. To rely in its award on its own expert knowledge or experience in any field.

6. The Tribunal shall inform the parties of all information gathered or obtained pursuant to paragraphs 2, 4, 5 and 6 of this article and it shall provide the parties with a reasonable opportunity to respond thereto before placing any reliance thereon.

7. The Tribunal may require a fee deposit from a party or the parties. Should a party remain in default to effect such deposit the Tribunal shall determine a time limit for compliance and shall inform the other parties of the default and the determined time limit. Any other party shall be entitled to effect the deposit on behalf of the defaulting party. In the event that no party effects the required deposit within the determined time limit, the Tribunal may order the suspension of the proceedings, terminate the proceedings by award or make any appropriate order.
Article 7:
 
1. Unless the parties otherwise agree in writing, they shall not be entitled to representation in arbitral proceedings under the Expedited Rules, except by:

1.1. a partner in the event of a partnership;
1.2. a director in the case of a company, a member in the case of a close corporation, or a comparable official of any similar legal persona or enterprise;
1.3. a bona fide full-time employee or officer of the party concerned, other than a legal practitioner;
1.4. a duly authorised trustee of a trust;
1.5. a technically or otherwise qualified or experienced person or persons, other than a legal practitioner, whom the Tribunal may consider reasonably necessary for the fair, expeditious and cost effective presentation of the case of the party or parties concerned.

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AFSA administers trusted, confidential dispute resolution across Southern Africa and beyond, managing domestic and international disputes through world-class mediation, arbitration, and related processes with integrity and efficiency.

The Arbitration Foundation of Southern Africa (AFSA) is a non-profit dispute resolution authority that administers and manages the confidential resolution of a wide range of domestic and international disputes through administered mediation, arbitration, and related processes. AFSA’s head office is in Sandton, Johannesburg, with branch offices in Cape Town, Pretoria, Durban, and the Garden Route.

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