Areas of Expertise Required of the Alternative Dispute Resolver
Respondent/ Second Party
Your application is accepted on the basis that the information provided by the party/ies and ADR Practitioner requested is both accurate and complete. The liability of the Johannesburg Society of Advocates (Johannesburg Bar Council) and the appointed ADR Practitioner in relation to the appointment is restricted if the information provided and the nature of the appointment requested is inaccurate or incomplete.
This application will be processed on the basis that the appointment may be made on behalf of the Chairperson of the Johannesburg Society of Advocates (Johannesburg Bar Council) by the Alternative Dispute Resolution Ad Hoc Committee of the Johannesburg Society of Advocates (Johannesburg Bar Council).
Please complete either part A or B below:
Part A
Unilateral Application for the appointment of an Alternative Dispute Resolution Practitioner (Arbitration / Mediation / Adjudication)
In the event that the Party seeks the names of three Alternative Dispute Resolution Practitioners with their information / abbreviated CV’s to be provided for purposes of party selection and appointment by the Chairperson of the Johannesburg Society of Advocates (Johannesburg Bar Council), then:
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The names and information / abbreviated CV’s of three Alternative Dispute Resolution Practitioners will be provided for purposes of party selection.
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In the event of the Parties not reaching consensus on the selection of an Alternative Dispute Resolution Practitioners the Chairperson of the (Arbitrator / Mediator / Adjudicator) will appoint an Alternative Dispute Resolution Practitioners in the dispute, the Alternative Dispute Resolution Practitioners not necessarily being one of the three Alternative Dispute Resolution Practitioners made available for party selection purposes.
It is agreed as a condition of such an appointment:
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That the appointment may be made on behalf of the Chairperson of the Chairperson of the Johannesburg Society of Advocates (Johannesburg Bar Council) to appoint an Alternative Dispute Resolution Practitioner (Arbitrator / Mediator / Adjudicator) in the matter.
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To pay the reasonable fees and expenses of the Alternative Dispute Resolution Practitioner (Arbitrator / Mediator / Adjudicator), whether or not the dispute resolution process reaches a hearing or any award / finding is made, or agreement is reached;
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To provide adequate security for such payment if the Alternative Dispute Resolver so requests;
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To enter into the necessary Mediation Agreement with the appointed Mediator/s;
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To make such payment within ten days of receipt of notice that the award / finding is ready to be taken up or that such payment is otherwise due;
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To inform the Alternative Dispute Resolution Practitioner in the event of the settlement of the dispute before any award / finding is made;
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That it is acknowledged that neither the Johannesburg Society of Advocates (Johannesburg Bar Council), its Alternative Dispute Resolution Ad Hoc Committee, nor the Committee Members are liable, by reason of having appointed or nominated the Alternative Dispute Resolution Practitioner (Arbitrator / Mediator / Adjudicator), for anything done or omitted to be done by the Practitioner in the discharge or purported discharge of his/her functions and/or duties; and
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It is acknowledged that the parties indemnify the Chairperson of the Chairperson of the Johannesburg Society of Advocates (Johannesburg Bar Council) and the appointed Alternative Dispute Resolution Practitioner (Arbitrator / Mediator / Adjudicator) in the matter against any claims, actions or proceedings instituted by any of the parties arising out of this application.
Part B:
Joint Application for the appointment of an Alternative Dispute Resolution Practitioner
(Arbitration / Mediation / Adjudication)
The parties hereby apply to the Chairperson of the Chairperson of the Johannesburg Society of Advocates (Johannesburg Bar Council) for their dispute (particulars of which are attached; provisions of the Alternative Dispute Resolution Agreement, and particulars of the Dispute are attached hereto and clearly marked and ) to be referred to Alternative Dispute Resolution (Arbitration / Mediation / Adjudication) for determination by an Alternative Dispute Resolution Practitioner appointed for that purpose by the Chairperson of the Johannesburg Society of Advocates (Johannesburg Bar Council), or the Alternative Dispute Resolution Ad Hoc Committee.
In the event that the Parties seeks the names of three Authors Dispute Resolution Practitioners with their information / abbreviated CV’s will be provided for purposes of joint party selection and appointment by the Chairperson of the Johannesburg Society of Advocates (Johannesburg Bar Council), then:
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The names and information / abbreviated CV’s of three Alternative Dispute Resolution Practitioners will be provided for purposes of party selection.
-
In the event of the Parties not reaching consensus on the selection of an Alternative Dispute Resolution Practitioners the Chairperson of the (Arbitrator / Mediator / Adjudicator) will appoint an Alternative Dispute Resolution Practitioners in the dispute, the Alternative Dispute Resolution Practitioners not necessarily being one of the three Alternative Dispute Resolution Practitioners made available for party selection purposes.
It is agreed as a condition of such an appointment:
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That the appointment may be made on behalf of the Chairperson of the Chairperson of the Johannesburg Society of Advocates (Johannesburg Bar Council) to appoint an Alternative Dispute Resolution Practitioner (Arbitrator / Mediator / Adjudicator) in the matter.
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To pay the reasonable fees and expenses of the Alternative Dispute Resolution Practitioner (Arbitrator / Mediator / Adjudicator), whether or not the dispute resolution process reaches a hearing or any award / finding is made, or agreement is reached;
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To provide adequate security for such payment if the Alternative Dispute Resolver so requests;
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To enter into the necessary Mediation Agreement with the appointed Mediator/s;
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To make such payment within ten days of receipt of notice that the award / finding is ready to be taken up or that such payment is otherwise due;
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To inform the Alternative Dispute Resolution Practitioner in the event of the settlement of the dispute before any award / finding is made;
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That it is acknowledged that neither the Johannesburg Society of Advocates (Johannesburg Bar Council), its Alternative Dispute Resolution Ad Hoc Committee, nor the Committee Members are liable, by reason of having appointed or nominated the Alternative Dispute Resolution Practitioner (Arbitrator / Mediator / Adjudicator), for anything done or omitted to be done by the Practitioner in the discharge or purported discharge of his/her functions and/or duties; and
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It is acknowledged that the parties indemnify the Chairperson of the Chairperson of the Johannesburg Society of Advocates (Johannesburg Bar Council) and the appointed Alternative Dispute Resolution Practitioner (Arbitrator / Mediator / Adjudicator) in the matter against any claims, actions or proceedings instituted by any of the parties arising out of this application.
Payment of appointment fees and methods of payment
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The payment of an amount of R3,000.00 for the appointment of an ADR Practitioner only
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The payment of an amount of R4,000.00 for the names of three ADR Practitioners with information and abbreviated CV’s for party selection and subsequent appointment of an ADR Practitioner by the Chairperson of the Chairperson of the Johannesburg Society of Advocates (Johannesburg Bar Council)
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All payments are to be made in South African Rand
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The Parties names are to be provided as payment reference
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Proof of payment to be emailed to adminofficer@jsabar.co.za
Banking Account Details
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Bank:
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xxxxxx
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Branch Code
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XXXXX
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Swift Code
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XXXXX
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Account Number
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XXXXX
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Compliance Requirements:
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All sections have of this Application has been completed
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The correct fee has been paid R3,000.00 or R4,000.00 with the making available of proof of payment
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The relevant supporting documents were provided, to include:
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the Dispute Resolution / Arbitration / Mediation / Adjudication agreement
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the agreement between the parties containing the Dispute Resolution / Arbitration / Mediation / Adjudication agreement
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copy of the Notice of Arbitration, Notice of Mediation or Notice of Adjudication where applicable
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The application was signed and dated with the necessary authorisation being provided, to include the authorization
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The Application with supporting documents to be forwarded to adminofficer@jsabar.co.za
Facility Requirements
Invoice Requirements
