Gardner Leader LLP

This Practice Note considers the appeals process under the Grain and Feed Trade Association (Gafta) Arbitration Rules No. 125 (Gafta 125). It covers preliminary steps and time limits, the notice of appeal, the appointment of a Board of Appeal, security for sums awarded at first tier, oral hearings, release of the appeal award, appeals and challenges in the English court under the Arbitration Act 1996, costs and non-compliance with rules, time limits and directions. This topic may be referred to as the two-tier system in Gafta arbitration; the second tier appeal process in Gafta arbitration.

The Grain and Feed Trade Association (Gafta) is a trade association, based in London, which administers arbitrations in the international grain trade. This Practice Note introduces the Gafta Arbitration Rules No. 125 (Gafta 125) and sets out the process for commencing (starting, initiating, referring) arbitration, including the time limits for claiming arbitration, service of a notice of intention, lapse of a claim, the appointment of a tribunal (sole arbitrator or three arbitrators), challenging jurisdiction and commencing the arbitration procedure.

This Practice Note considers the arbitration process under the Grain and Feed Trade Association (Gafta) Arbitration Rules No. 125 (Gafta 125) after a party has claimed (commenced) arbitration. The Practice Note covers the exchange of submissions, string arbitrations, hearings, trade representatives, determinations on paper, release of the arbitral award, deposits and costs, failure to comply with rules, orders and time limits, and naming of award defaulters.

This Q&A considers whether a legal representative is able to pursue a claim in civil law (contentious probate) on behalf of a person who lacks capacity.

This Q&A considers who can be appointed as an attorney to act on an executor’s behalf.

This Q&A considers the jurisdiction for serving proceedings in the British Virgin Islands for a lease that is silent on jurisdiction and provides England and Wales as the governing law.

This Q&A considers the scenario where a later valid Will is found after a prior valid Will has already been proved. In particular, it considers what remedies are available to a beneficiary and executor under the later Will to ensure the estate is distributed on the terms of this Will.

This Q&A examines common interest privilege and how documents can be shared in a joint claim.