Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.
How Much Does Arbitration Cost In South Africa
First fee payable by both parties in terms of Rule 4.2.6 of the Commercial Rules
1.1 Payable in arbitrations in which a money amount is claimed. These fees are quoted excluding VAT.
- Matters up to R100 000 are charged at R5 250 per party.
- Matters of R100 001 – R500 000 are charged at R5 250 per party plus 1.25% of the amount exceeding R100 000 per party (max. R10 150)
- Matters of R500 001 – R1 500 000 are charged at R10 250 per party plus 1% of the amount exceeding R500 000 per party (max. R20 250)
- Matters from R1 500 001 to R3 000 000 are charged at R20 250 per party plus 0.5% of the amount over R1 500 000 per party (max. R27 750)
- Matters from R3 000 001 to R35 600 000 are charged at R27 750 per party plus 0.125% of the amount over R3 000 000 per party (max. R68 500)
- Matters from R35 600 001 to R100 000 000 are charged at R68 500 per party plus 0.0625% of the amount exceeding R35 600 000 (max. R108 750).
- Matters exceeding R100 000 001 are charged at R150 000 per party.
These fees are non-refundable
1.2 Payable in arbitrations in which the claim is not expressed in money.
In the discretion of the Secretariat.
1.3 Cases of appointment only
Where AFSA does not administer a matter but only appoints an arbitrator/adjudicator/expert. The referring party will pay a once-off fee of R7 500, excluding VAT.
2. Fees payable, after appointment of arbitrator, for continuance of arbitration proceedings in terms of Article 10.
After consultation with the parties and the nominated arbitrator, AFSA will fix the remuneration which will be due to the arbitrator in the course of the proceedings. This remuneration is payable by AFSA, which will recoup its payment in advance from the parties in equal shares.
Where an arbitrator has reserved dates at the request of the parties and the matter is then settled the Secretariat will retain an appropriate amount by way of the arbitrator’s collapse fee. All fees quoted exclude VAT.
3. Appeals
R17 500 per side, excluding VAT.
4. Venue fees
Venue fees, if applicable, are charged separately, subject to quotation.
How are arbitrator fees calculated?
Fee calculation 15000 (registration fee) + 60,000 + 30,000 + 7,500×3 ( providing room facilities for hearing) + 20,000×3 = Rs.1,87,500
- When a court appoints the arbitrator; or.
- When Arbitration is being conducted by an Institute; or.
- When there is ad-hoc arbitration and the parties appoint the arbitrators on their own.
Does arbitration produce a final decision?
While parties are not required to have an attorney to participate in arbitration, arbitration is a final, legally-binding process that may impact a party’s rights.
The arbitrator’s final decision on the case is called the “award.” This is like a judge’s or jury’s decision in a court case.