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How it Works
With the unlimited freedom to contract within the limits of fairness, public policy and what is lawful, arbitration can take on various forms to satisfy the needs of the parties.
The CCT model, based on the one standard arbitration agreement and rules, works like this:
Any private adjudication tribunal must fit into the broader parameters set by the Arbitration Act, 1965 and the International Arbitration Act, 2017. In contrast to the normal civil court procedure which is based on state power, this adjudication is based on agreement between the parties. Therefore, there must be an arbitration agreement between the parties. With the unlimited freedom to contract within the limits of fairness, public policy and what is lawful, arbitration can take on various forms to satisfy the needs of the parties.
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Everything happens on paper and is communicated by email
No personal presence is provided for. Video conferencing may be allowed under certain conditions and for purposes of cross-examination. You ensure that your customers/clients, etc provide you with a signed CT arbitration agreement.
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Letter of demand
Once a dispute arises between you, you send a letter of demand and try to resolve the issue in a voluntary way.
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Send a notice to the CCT if a resolution can't be reached
If a resolution cannot be reached, you send CCT a notice, to which your arbitration agreement is attached, that you find yourself locked in a dispute and request for the appointment of an arbitrator.
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Appointment of arbitrator
An arbitrator will then be appointed.
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File your claim
The arbitrator will then request you to file your claim.
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The defendant files a response
Thereafter the defendant will need to file his response to your claim. From here the process can go two ways, i.e.
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Defendant fails to respond
If the defendant fails to respond and after some effort was made to get the defendant involved, the arbitrator will request you to file an affidavit confirming your claim under oath.
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The Arbitrator Rewards his judgment
The arbitrator will then proceed to deliver his award (judgment) which will comply with the parties’ wishes set out in the arbitration agreement.
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Convert the award into a judgment of the high court
It is also provided for by law that you can then convert this award into a judgment of the high court and use all the execution weapons which then becomes available.
or
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The defendant files a defence to your claim
Should the defendant have filed a defence to your claim the matter will proceed into the hearing stage.
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The Arbitrator rewards his judgment
The arbitrator will then proceed to deliver his award (judgment) which will comply with the parties’ wishes set out in the arbitration agreement.
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Convert the award into a judgment of the high court
It is also provided for by law that you can then convert this award into a judgment of the high court and use all the execution weapons which then becomes available.
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Contact Us Today to Learn More
Whilst retaining the oversight of the high court this service has specifically been developed for disputes between business and consumers and cases typically found in the Magistrates’ Courts. Discover the benefits of partnering with CCT and embrace a new era of quick and inexpensive dispute resolution excellence. Read our General Arbitration Agreement and Rules contact us today to learn more about our services and how you, as jurist or business, can become involved in our dynamic and innovative arbitration forum.