How it works
This page explains what happens in a Verca arbitration and how long it takes. It simplifies. Where it differs from the Rules, the Rules apply.
The steps
Agree to arbitrate at Verca
Most matters come to us under a clause in the parties' contract. If there is no clause, both parties can sign our agreement to arbitrate.
File the claim and pay the fee
The claimant files a notice of arbitration with us and pays the fee. We serve it on the other side by the day after we confirm payment.
We confirm the procedure
Once the other side's time to oppose has ended, we tell the parties which procedure applies: the Expedited procedure for claims up to R5 million, or the Complex procedure for larger or more complex claims.
The arbitrator is appointed
One arbitrator decides, unless the contract or the parties provide for three. The parties may jointly choose an arbitrator from our panel within two days after the time to oppose ends. If they do not, we appoint one. Where there are three, each side nominates one, and those two choose the third.
The matter runs to its timetable
The written statements, documents and witness statements follow fixed periods, and the arbitrator fixes the hearing dates within the overall period. A case manager keeps track of every deadline and is your point of contact.
The decision
The arbitrator delivers a written decision with reasons (the award). It is final and binding, and can be made an order of court. Where the parties agreed to an appeal, this can be done once the time to appeal has passed or the appeal is decided.
How long it takes
| Your matter | The arbitrator decides within | With a counterclaim |
|---|---|---|
| A claim up to R5 million (Expedited procedure) | 120 days | 10 days more, if its fee is paid |
| A larger or more complex claim (Complex procedure) | 150 days | 15 days more, if its fee is paid |
| An appeal | 90 days |
Periods for a claim run from the day we serve it. Only Verca can extend the time for the decision. If all the parties ask together, we may extend it. If one party or the arbitrator asks, we extend it only where a party needs more time to present its case fairly, or a new arbitrator has been appointed, and then by up to 30 days, or longer in exceptional circumstances.
The two procedures
Claims up to R5 million: the Expedited procedure
For most commercial disputes. Short periods for each step, and a decision within 120 days.
Larger or more complex claims: the Complex procedure
For claims above R5 million, and for smaller claims that are legally complex or significant. Somewhat longer periods for each step, and a decision within 150 days.
Urgent relief
Urgent relief before the arbitrator is appointed
For an order to protect your position while an arbitration is pending or about to start, before its arbitrator is appointed. We appoint an arbitrator for the application within 48 hours after the fee is confirmed, not counting the hours from 14:00 on Friday to 09:00 on Monday. The other side may answer within three days, and the arbitrator ordinarily decides by about the ninth day. The arbitrator may extend this once, by up to 48 hours. Once the arbitrator in the main matter is appointed, apply to that arbitrator instead.
An urgent decision, where your contract provides for it
Where the parties have agreed in writing to emergency arbitration under our Rules, we appoint an arbitrator within 48 hours after the fee is confirmed, not counting the hours from 14:00 on Friday to 09:00 on Monday, and the decision ordinarily follows by about the ninth day, or later only in exceptional circumstances. It is not available in corporate, insolvency, banking or recovery disputes, or once a claim on the same dispute has been filed.
Periods in urgent matters count every day, including weekends and public holidays.
If a party does not take part
If a party misses a deadline, we give it notice. It then has two days to comply or to ask for more time. After that, the arbitrator may proceed as the Rules provide, and the matter does not wait.
Appeals
The arbitrator's decision is final. An appeal is possible only if both parties agreed to one in writing before the decision was issued. It must be lodged within 10 days after the decision, and its fee paid within 48 hours. Three arbitrators who took no part in the original matter, or one if the parties agree, decide it on the record within 90 days after it is lodged.
Disputes in particular sectors
The Rules contain special provisions for construction disputes (including those under the JBCC, NEC, FIDIC and GCC contracts), banking and recovery disputes, and corporate and insolvency disputes. They apply where the parties agree to them, or where the claimant says the dispute falls in that sector. They keep the ordinary procedures and periods, with limited exceptions: for example, a construction matter may be paused for an adjudication that the contract requires.
Questions
Do I need a lawyer?
No. Each party names a representative of its choice, who need not be a lawyer.
Is it confidential?
Yes. Every Verca arbitration is private and confidential, subject to limited exceptions, such as enforcing an award in court.
Can we choose the arbitrator?
Yes. The parties may jointly choose an arbitrator from our panel. If they do not, we appoint one.
Can the decision be enforced?
Yes. An award can be made an order of court under the Arbitration Act. Where an appeal was agreed, this can be done once the appeal is over.