ARTICLE 1: Definitions 1.1 1.1.1 Words in the singular shall, where applicable, include the plural, and the feature that in some instances express references are made to the plural, or to the singular and plural, will not detract from the aforegoing.
1.1.2 References to the male gender shall include references to the female gender and to the neuter.
1.2 Unless the context otherwise indicates the following words and phrases shall bear the following meanings.
“arbitration agreement”: a written agreement providing for the reference to arbitration of an existing dispute or a future dispute, whether or not an arbitrator is named or designated therein;
“the court”: a Magistrates Court or the Supreme Court of South Africa, or any court established or recognised by section 166 of the Constitution of the Republic of South Africa, 1996, as the context may indicate; and the
“Supreme Court” includes any successor in title to the Supreme Court;
“deliver”: to deliver or send copies to all parties as provided for in these Rules,
and to file the original to the Registrar; and “delivery” has a corresponding meaning; but “physically deliver” shall mean physically deliver to the party indicated by the context;
“pleading”: includes documents comprising a Request for Arbitration, a statement of defence, a counter-claim and a statement of defence to a counterclaim;
“the Act”: the Arbitration Act, 1965;
“the Foundation”: the Arbitration Foundation of Southern Africa, being the name under which the Arbitration Foundation of Southern Africa (“AFSA”)
conducts its activities of providing the administrative means for the
conduct of arbitration proceedings.
“the Registrar”: the officer appointed by AFSA under that title to perform the administrative functions conferred upon him under these Rules for the
Foundation;
“the Secretariat”: the body of persons appointed by AFSA to perform the functions conferred upon it under these Rules;
“writing”: includes typewriting and the record of transmission by telex, telefax or other means of telecommunication; and “written” has a corresponding meaning.
ARTICLE 2: The Foundation's Secretariat and administration
2.1 The Arbitration Foundation of Southern Africa (“the Foundation”) is the name under which the Arbitration Foundation of Southern Africa (“AFSA”) conducts its activities of providing administrative means for the conduct of arbitration proceedings. Its activities include the appointment of a panel of persons who have agreed to act as arbitrators under the aegis of and according to the Rules of the Foundation, the appointment of an arbitrator or arbitrators for resolution of particular disputes, the provision of the venue and the administrative services for conduct of arbitration proceedings under and in accordance with these Rules for fees covering its administrative services and provision of a venue and the fees and expenses of the arbitrator or arbitrators.
2.2 2.2.1 The Foundation's activities in providing the aforesaid arbitration facilities are controlled by a Secretariat, which comprises the persons appointed by AFSA.
2.2.2 Any steps to be taken, and any decision to be made, and any directions to be given, by the Foundation in terms of these Rules, shall be taken by the Secretariat. The decision by majority vote of the members of the Secretariat shall be the decision of the Secretariat, and a written communication signed or authorised by the person presiding over any meeting of the Secretariat, shall be prima facie proof of the decision of the Secretariat.
2.2.3 In matters of urgency, the Chairman or Vice-Chairman of the Secretariat may take any step, decision or give any direction which the Secretariat may have taken or given, and the decision of the Chairman or Vice-Chairman that a matter is one of urgency, shall be decisive of the question whether a matter is one of urgency within the purview of this sub-rule.
2.3 In the respects and to the extent delegated by or not actually conducted by the Secretariat under 2.2.1 above, the administration of the Foundation's activities shall be conducted by the Registrar of the Foundation, who is the person appointed by AFSA to that office, assisted by administrative personnel appointed by AFSA.
The Registrar shall be the channel through which parties to administration proceedings communicate with the Foundation, with the Secretariat, and, except during hearings in his or their presence, with the arbitrator or arbitrators.
2.4 Communications to AFSA, the Secretariat and the Registrar should be physically delivered to:-
The Registrar
The Arbitration Foundation of Southern Africa
1st Floor, Maisels Chambers
No 4 Protea Place, Sandown
or be addressed to:
The Registrar
The Arbitration Foundation of Southern Africa
P.O. Box 653007
Benmore,
2010
or Docex 143 Randburg
or fax to (011) 320-0525.
ARTICLE 3: Area of applicability of these Rules These Rules -
3.1 do not apply to disputes on matters in respect of which reference to arbitration is, by law, not permissible;
3.2 apply only to commercial arbitrations administered by or under the aegis of the Foundation; provided that, if the Secretariat of the Foundation accepts a Request for Arbitration as provided for in these Rules, such acceptance shall have the effect of the arbitration being deemed to be a commercial arbitration;
3.3 supplement any specific provisions of an arbitration agreement to arbitrate under the aegis of or according to the Rules of the Foundation, in so far as such specific provisions are silent on matters provided for in these Rules;
3.4 apply subject to any peremptory provisions of law applicable to an arbitration conducted under these Rules.
ARTICLE 4: The request for arbitration and payment of the administration fee
4.1 A party wishing to resort to arbitration under the aegis of and according to the Rules of the Foundation, shall submit a written Request for Arbitration to the Secretariat of the Foundation through the office of the Registrar.
4.2 The written Request for Arbitration shall include the following:
4.2.1 the names, description, addresses, telephone and fax numbers (if any) of the claimant or claimants and of the party or parties cited as defendant or defendants; the address given for the defendant or defendants shall be an address as envisaged in 20.4.2;
4.2.2 a copy of the written agreement in terms whereof all the parties to the requested arbitration agree to arbitration to be conducted under the aegis of or according to the Rules of the Foundation by one or more arbitrators appointed by the Foundation; (This written agreement is hereinafter referred to as “the arbitration agreement”);
4.2.3 a brief statement indicating that an award in accordance with the claims would fall within the terms of the arbitration agreement;
4.2.4 a statement setting out the locus standi of each party; the nature of the dispute; all the material facts and contentions relied upon by the claimant so as clearly to establish the circumstances of the case, and the relief claimed; such statement shall annex copies of all documentation relied upon by the claimant in support of such facts and contentions;
4.2.5 the claimant's choice of whether there should be one or three arbitrato