Any Party may demand that a dispute be determined in terms of this clause 28 by written notice given to the other Parties in accordance with the Expedited Rules of the Arbitration Foundation of Southern Africa (“AFSA”).
This clause shall not prevent any Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction, pending the decision of an arbitrator.
The Parties hereby consent to the arbitration being dealt with on an urgent basis in terms of the Rules of AFSA should either Party, by written notice, require the arbitration to be held on an urgent basis. In such event either Party may apply to the AFSA Secretariat as required in terms of the said Rules to facilitate such urgent arbitration.
The arbitration shall be held –
with only the legal and other representatives of the Parties to the dispute present thereat; and 16.4.3 otherwise in terms of the Arbitration Act, No. 42 of 1965 (“Arbitration Act”), unless otherwise provided for herein.
The arbitrator shall be a practising advocate of the Cape Bar of at least ten years’ standing, appointed by agreement between the parties to the dispute, subject to clause 28.6.
Should the Parties fail to agree on an arbitrator within 14 (fourteen) days after the giving of notice in terms of clause 28.1, the arbitrator shall be appointed by the Chairperson of the Cape Bar Council (or by AFSA if the Cape Bar Council no longer exists), at the request of either Party to the dispute.
The Parties hereby consent to the jurisdiction of the High Court of South Africa in respect of the proceedings referred to in clause 28.8.
The decision of the arbitrator shall be final and binding on the Parties to the dispute and may be made an order of the court referred to in clause 28.7, at the instance of any of the parties to the dispute.
The Parties agree to keep the arbitration including the subject matter of the arbitration and the evidence heard during the arbitration confidential and not to disclose it to anyone except for purposes of obtaining an order as contemplated herein.
It is recorded that it is the intention of the Parties, that any dispute referred to arbitration in terms of clause 16.1 shall be resolved strictly in accordance with the provisions of this clause16. The Parties accordingly agree and undertake as follows –
that it shall not make any application to Court as contemplated in terms of section 3(2) of the Arbitration Act;
that it shall not make any application to court as contemplated in terms of section 20(1); and 16.10.3 the periods set out in section 23 of the Arbitration Act shall not be applicable to any arbitration proceedings arising out of the Trade Agreement.