Содержание
This article is about the FOSFA Small Claims Single Tier Rules of Arbitration. The Federation has three sets of rules in total:
- Rules of Arbitration and Appeal (standard rules incorporated into most FOSFA proforma contracts)
- Rules of Arbitration for Brokerage Commission and Interest
- Small Claims Single Tier Rules of Arbitration (“the Small Claims Rules“)
The Small Claims Rules are not incorporated into FOSFA pro forma contracts. They only apply when the parties have envisaged them in the contract or agreed on them in correspondence.
Key differences
The main differences between the Small Claims and standard rules are as follows
| Rules of Arbitration and Appeal | Small Claims Single Tier Rules of Arbitration | |
|---|---|---|
| Standard number of arbitrators | 3 | 1 |
| Time limit for filing defence in a dispute over the quality or condition of the goods | 30 days | 14 days |
| Time limit for payment of the arbitration deposit | 30 days | 14 days |
| Time limit for preparing an award in disputes over the quality or condition of goods | Not stipulated | 30 days |
| Appeal | In FOSFA or the High Court | The right to appeal is excluded |
| Standard deposit amount | £10,000 | £2,750 |
| Arbitrators’ fees | Not limited | Not more than £1,000 |
The limited arbitrator’s fees and a small deposit make these rules one of the cheapest arbitration in England.
Procedure
The arbitration commences with a notice of arbitration. The parties then agree on the name of a sole arbitrator within:
- 14 days – if the dispute relates to the quality or condition of the goods
- 30 days – in other disputes
If the parties cannot agree, a sole arbitrator is appointed by FOSFA.
The parties agree on and file a common bundle of documents, which includes all the evidence in the case, as well as the parties’ submissions, within:
- 30 days – in disputes over the quality or condition of the goods
- without delay – in all other disputes
If the parties cannot agree on the bundle, the arbitrator sets a timetable for the exchange of submissions. The procedure then becomes similar to the standard rules.
After the exchange of submissions, the arbitrator writes an award. The award is final and not subject to appeal.
For assistance or consultation regarding FOSFA arbitration, feel free to contact me via email, Telegram, or WhatsApp. I am here to support you throughout the entire arbitration process, from filing the claim to enforcing the award.
