Federation of Oils, Seeds and Fats Associations Limited (FOSFA)Â is an
association of various companies, firms, traders & organizations who are into
the business of certain commodities. The above said Institution in addition to
the other works and services of an association of its members, it also
administers arbitrations and arbitration appeals, if the parties to a contract
designate FOSFA as the administering arbitral institution. Many of the
international commodity disputes are handled by FOSFA. The following are the
salient features of arbitration under FOSFA Rules.
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Seat of Arbitration: In any International Arbitration seat of Arbitration
is important because seat determines the procedural law and the supervising
courts. FOSFA does not entertain or administer International arbitrations in
other seats of the world and hence the permeant seat of arbitration for FOSFA
arbitrations is London. UK.
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FOSFA Arbitration Rules: FOSFA arbitrations are governed by “FOSFA Rules
of Arbitration and Appealsâ€, “the Guide to arbitrations and appeals†and the
Arbitration Act,1996 of UK. The said rules provide for a two-tier arbitration
process. The 2nd level is an appeal arising out of the order, which is handled
by the appeal panel members of FOSFA. After exhausting both the levels parties
may choose challenge the award before the UK Courts under the Arbitration
Act,1996.
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Fees of Arbitration: FOSFA has fee schedule which prescribes, a very less
expensive cost of arbitration. In the first level a party should deposit a
maximum of 5000 GBP and in the Appeal, level a party should deposit a maximum of
10000 GBP as Arbitration costs. This fee schedule is not prescribed based on the
quantum of dispute, like other major international arbitral institutions. The
final fee is assessed by the arbitrators based on the time spent in an
arbitration, by the arbitrator. FOSFA closely monitors the fee claims of the
arbitrators.
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Different Types of Arbitrations: FOSFA Rules provide for three types of
arbitrations namely Two tier arbitration for regular matters, Single tier
arbitration for small cases and brokerage disputes. In Single tier arbitrations,
sole arbitrator shall be appointed by FOSFA and there is no appeal maintainable
under FOSFA Rules.
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Legal Representation of Parties: FOFSA Rules allow parties to represent
their cases before the Arbitral tribunal. Even the law officers of the company
can represent the Company before the arbitral tribunal but Private Legal
Practitioners are not allowed to represent the case before the tribunal.
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Panel of Arbitrators: FOSFA has a panel of arbitrators with experience in
commodity trade. They are also trained in International Commodity Trade and
parties should choose their nominee only from that panel. There are two panels
one for the first tier arbitration and the second is for Appeals.
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