• back
  • 7.9.2-ARBITRATION-TIME LIMITS FOR INTRODUCING ARBITRATION CLAIMS

  • THE-COFFEE-GUIDE.gif 
  • Time limits for introducing arbitration claims

     
     

    It is essential that claimants adhere to the rules of the standard form of contract on which the sale was based. ECF rules require quality claims to be submitted not later than 21 calendar days from the final date of discharge at the port of destination. All other claims must be submitted not later than 45 calendar days from:

    • The final date of discharge at the port of destination, provided all documents are available to the buyers; or
    • The last day of the contractual shipping period if the coffee has not been shipped.

    If amicable settlement (always the preferred solution) proves impossible then the formal decision to initiate arbitration proceedings must be notified within the following time limits:

    • Quality disputes: not later than 28 calendar days from the date the claim was formulated; and
    • Other disputes: not later than 90 calendar days from the date one party formally notifies the other that the dispute apparently cannot be resolved amicably and arbitration proceedings will be initiated.

    These time limits must be respected, or the outcome of an arbitration can be jeopardized. If unavoidable delays do arise then, in the interests of justice or avoiding undue hardship, ECF rules authorize the arbitral body at the place of arbitration to extend the time as it may think appropriate.