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After my previous News Letter (Alternate Dispute Resolution) I received a number of calls requesting sample clauses to be added to their documents. I would like to quote the AFSA clauses:

  • Arbitration Clause for incorporation in Standard Contracts or for use before a dispute has arisen:
    “Any dispute arising from or in connection with this Contract shall be finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa by an Arbitrator appointed by the Foundation.”
  • Dispute resolution (Mediation – Arbitration) clause for incorporation in standard contracts before a dispute has arisen:
    “Should any dispute, disagreement or claim arise between the parties (called hereafter “the dispute”) concerning this agreement, the parties shall try to resolve the dispute by negotiation. This entails that the one party invites the other in writing to a meeting and to attempt to resolve the dispute within 7 (seven) days from date of the written invitation.
    If the dispute has not been resolved by such negotiation, the parties shall submit the dispute to AFSA administered mediation, upon the terms set by the AFSA Secretariat.
    Failing such a resolution, the dispute, if arbitrable in law, shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator or arbitrators appointed by the Foundation.”
  • Arbitration clause for incorporation in standard contracts with or for use before a dispute has arisen with international counterparts:                                                                                                                                                      “Any dispute arising from or in connection with this Contract shall be finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa applicable to international arbitration by an arbitrator appointed by the Foundation. In the event that the parties do not agree to the seat, the Foundation will select the seat of the arbitration.”

These clauses can be used in a formal agreement or if no formal agreement is in place, on the back of a tax Invoice and on the back of the delivery note together with all the other clauses such as payment terms, required verification by the client that the goods are the correct goods etc.

Should you require more information, please go to our website: www.wilbrink.co.za or alternatively give me a call on 031 – 266 9035 or my cell 083 265 3805 or e-mail me at wilbrink@icon.co.za