The Falcon Chambers Model Arbitration Directions

Transcription

1 The Falco Chambers Model Arbitratio Directios Preamble: The parties are free to decide the way i which they wish to have their dispute decided by the Arbitrator. The directios immediately below provide for the commecemet of the arbitratio i a way that is desiged to avoid deadlock. These directios are followed by a ageda for discussio which the parties may wish to use as a guide to the matters that may eed to be covered, ad which may be adapted to suit the ature of the case ad the desired timetable. They should be treated as guidelies ad ot as rules. The Arbitrator will assist the parties to esure that the directios are tailored to their particular dispute. Should the parties wish their dispute to be determied quickly ad at fixed cost, they may wish to adopt the Falco Chambers 20 or 40 Day Arbitratio Directios set out i the Schedules to these directios. Directios 1 The parties should edeavour to agree suitable directios ad seek the approval of the Arbitrator to those directios ot later tha 10 workig days after the appoitmet. 2 If the parties are uable to agree directios by that date, they must istead sed to the Arbitrator withi a further 5 workig days a statemet of what they ca ad caot agree ad the submissios of each o the directios i dispute; the Arbitrator will the issue such directios as he or she sees fit. Ageda for discussio The headigs ad cotet below may assist the parties i their cosideratio of what directios may be ecessary for the successful coclusio of their arbitratio. Statemets of Case 1 Isofar as the parties have ot exchaged statemets settig out their respective cases prior to the commecemet of this arbitratio, such statemets will be exchaged i accordace with the followig timetable: 1.1 Claimat to serve Statemet of Claim withi 10 workig days; 1.2 Respodet to serve Defece ad ay Couterclaim withi 10 workig days thereafter; 1.3 Claimat to serve ay Reply ad Defece to Couterclaim withi 10 workig days thereafter; 1.4 Respodet to serve ay Reply to Defece to Couterclaim withi 10 workig days thereafter. 1

2 Rules of Evidece 2 Uless otherwise agreed betwee the parties, the Arbitrator shall ot be required to apply the rules of evidece. Disclosure 3 Each party shall give to the other party disclosure of the pricipal documets relevat to the matters i issue withi 10 workig days of service of the last statemet of case, by servig oe copy of each such documet upo the other party (uless it kows that that party already has a copy of the same documet). Witess Statemets 4 The parties shall exchage statemets of witesses of fact withi 10 workig days of completio of disclosure. Expert Evidece 5 Expert evidece that is relevat to the matters i issue shall be give i accordace with the followig timetable: 5.1 Each expert shall serve a prelimiary writte report upo the other party withi 10 workig days of the date for service of witess statemets. 5.2 Thereafter, the experts shall withi 10 workig days hold without prejudice discussios with a view to arrowig the issues i dispute. 5.3 If the experts caot resolve all the issues i dispute, they shall prepare ad serve a statemet of issues agreed ad ot agreed, with reasos for ay disagreemet, withi 10 workig days of their without prejudice meetig. 5.4 Ay fial expert s report that is ecessary shall be served withi 10 workig days of the date of agreemet of the statemet of issues. 5.5 The experts shall atted for cross examiatio at ay Arbitratio hearig uless otherwise agreed by the parties. Site Visit 6 If the parties agree (or the Arbitrator decides i default of agreemet) that there should be a ispectio of the premises or locus to which the dispute relates, the parties shall cooperate i makig arragemets for a site visit at a appropriate time. Arbitratio Budle 7 Withi 10 workig days of the date for service of witess statemets or (if later) the date of service of fial experts reports, the Claimat shall prepare ad agree with the Respodet a Arbitratio Budle cotaiig the statemets of case, witess statemets (if ay), experts reports (if ay) ad relevat documets for cosideratio by the Arbitrator, ad shall file a copy with the Arbitrator. Skeleto Argumets 8 Skeleto argumets are to be exchaged withi 10 workig days of the filig of the Arbitratio Budle, with a copy of each provided to the Arbitrator. 2

3 Hearig 9 If the parties agree (or the Arbitrator decides i default of agreemet) that there should be a hearig, it should take place o the earliest date followig compliace with the directios above, with a time estimate of [ ] day(s). 10 If the parties agree (or the Arbitrator decides i default of agreemet) that there should be a pre-hearig review, it should take place 3 or 4 weeks before the hearig date. Settlemet 11 The parties shall iform the Falco Chambers Arbitratio Clerk immediately if the case should settle. Award 12 The Falco Chambers Arbitratio Clerk shall otify the parties whe the Award is ready, ad it shall be set to the parties by oce the Fee agreed with the Falco Chambers Arbitratio Clerk has bee received. 13 The parties agree that the Arbitrator should also decide which party should be liable for the costs of the Arbitratio ad the fees of the Arbitrator. That matter shall be determied i a Costs Award, followig receipt by the Arbitrator of oe set of submissios as to costs by each party. The Costs Award shall be set to the parties by oce the appropriate further Costs Fee agreed with the Falco Chambers Arbitratio Clerk has bee received. Commuicatios 14 Ay commuicatios betwee a Party ad the Arbitrator shall be by , ad shall be copied to the other Party. s to the Arbitrator shall be set to clerk@falco-chambersarbitratio. com. Seat 15 It is agreed that the seat of this Arbitratio is Eglad ad Wales. Further Directios 16 These directios may be ameded by the Arbitrator o the applicatio of either party, or as the Arbitrator sees fit. 3

4 Category A: the Falco Chambers 20-Day Arbitratio Directios Preamble: These Directios are suitable for adoptio where: (a) the formulatio of the issues has bee agreed; (b) the relevat documets have bee agreed, ad comprise o more tha oe lever arch file (up to 350 sigle-sided pages); ad (c) there will be o hearig. Directios 1 All the documets that are ecessary for the Arbitrator to decide the matters i dispute, icludig the parties submissios, shall be set out i a budle ( the Budle ) cotaiig o more tha 350 sigle-sided pages, which shall be delivered to the Falco Chambers Arbitratio Clerk at the same time as the Agreemet appoitig the Arbitrator. 2 If, upo receipt of the Budle, the Arbitrator forms the view (whether because of the complexity or value of the dispute or otherwise) that the dispute is ot suitable for resolutio usig the Falco Chambers 20 Day Arbitratio, the parties shall be iformed accordigly, ad the Arbitratio shall proceed o further, uless the parties or the Arbitrator agree that it shall cotiue either as a Falco Chambers 40 Day Arbitratio, or i accordace with other directios agreed betwee the parties. 3 Uless otherwise agreed betwee the parties: (a) the Arbitrator shall ot be required to apply the rules of evidece; (b) the Arbitrator may call o either party to produce documets other tha those volutarily disclosed, where, havig regard to the matters i dispute, this appears to be ecessary for the resolutio of the dispute. 4 Ay commuicatios betwee a party ad the Arbitrator shall be by , ad shall be copied to the other party. s to the Arbitrator shall be set to clerk@falco-chambersarbitratio. com. 5 The Arbitrator shall use reasoable edeavours withi 20 workig days of receipt of the Budle to write a reasoed Award dealig with the matters i dispute. 6 The Falco Chambers Arbitratio Clerk shall otify the parties whe the Award is ready, ad it shall be set to the parties by oce the Arbitrator s Fee of 3,000 plus VAT has bee received by the Falco Chambers Arbitratio Clerk. 7 If the parties have agreed that the Arbitrator should determie which party shall be liable for the costs of the Arbitratio, the withi 10 workig days of receipt of the Award, the parties shall sed submissios i respect of costs to the Falco Chambers Arbitratio Clerk. 4

5 8 The parties shall joitly meet the Arbitrator s fee i the givig of the Award o the questio of costs ( the Costs Award ) i a further sum of 450 ( the Costs Fee ). 9 The Arbitrator shall iform the parties by addressed to their represetatives as above whe the Costs Award is available, ad the Costs Award shall be set to the parties by upo paymet of the Costs Fee. 10 These directios may be ameded by the Arbitrator o the applicatio of either party, or as the Arbitrator sees fit. 5

6 Category B: the 40-Day Falco Chambers Arbitratio Directios Preamble: These Directios are suitable for adoptio where: (a) the formulatio of the issues has bee agreed; (b) the relevat documets have bee agreed, ad comprise o more tha three lever arch files (up to 350 sigle-sided pages each); (c) ay oral evidece is limited to fact, ad is either agreed, or will take o loger tha oe day to be examied at a hearig. Directios 1 All the documets that are ecessary for the Arbitrator to decide the matters i dispute, icludig the parties submissios, shall be set out i a budle ( the Budle ) comprisig o more tha 3 lever arch files of up to 350 sigle-sided pages each, which shall be delivered to the Falco Chambers Arbitratio Clerk at the same time as the Agreemet appoitig the Arbitrator. 2 If, upo receipt of the Budle, the Arbitrator forms the view (whether because of the complexity or value of the dispute or otherwise) that the dispute is ot suitable for resolutio usig the Falco Chambers 40 Day Arbitratio, the parties shall be iformed accordigly, ad the Arbitratio shall proceed o further, uless the parties or the Arbitrator agree that it shall cotiue i accordace with other directios to be agreed betwee them. 3 Uless otherwise agreed betwee the parties: (a) the Arbitrator shall ot be required to apply the rules of evidece; (b) the Arbitrator may call o either party to produce documets other tha those volutarily disclosed, where, havig regard to the matters i dispute, this appears to be ecessary for the resolutio of the dispute. (c) the Arbitrator may call for a hearig. I default of agreemet the Arbitrator will decide the date, time ad veue of the hearig. It shall be the parties obligatio to book ad pay for the veue. 4 Ay commuicatios betwee a party ad the Arbitrator shall be by , ad shall be copied to the other party. s to the Arbitrator shall be set to clerk@falco-chambersarbitratio. com. 5 If ay hearig is to be held, it shall take place withi 20 workig days of receipt of the Budle by the Arbitrator, ad shall take o loger tha oe day (to iclude ay evidece ad oral submissios). 6 The Arbitrator shall use reasoable edeavours withi 40 workig days of receipt of the Budle or 20 workig days of the hearig (whichever is the later) to write a reasoed Award dealig with the matters i dispute. 6

7 7 The Falco Chambers Arbitratio Clerk shall otify the parties whe the Award is ready, ad it shall be set to the parties by oce the Arbitrator s Fee of 6,000 plus VAT has bee received by the Falco Chambers Arbitratio Clerk. 8 If the parties have agreed that the Arbitrator should determie which party shall be liable for the costs of the Arbitratio, the withi 10 workig days of receipt of the Award, the parties shall sed submissios i respect of costs to the Falco Chambers Arbitratio Clerk. 9 The parties shall joitly meet the Arbitrator s fee i the givig of the Award o the questio of costs ( the Costs Award ) i a further sum of 600 ( the Costs Fee ). 10 The Arbitrator shall iform the parties by addressed to their Represetatives as above whe the Costs Award is available, ad the Costs Award shall be set to the parties upo paymet of the Costs Fee. 11 These directios may be ameded by the Arbitrator o the applicatio of either party, or as the Arbitrator sees fit. 7