7.9.1-ARBITRATION-THE BRITISH COFFEE ASSOCIATION (BCA)
The British Coffee Association (BCA)
The British Coffee Association (BCA) provides a two-tier arbitration service: arbitration at first stage and, if required, an appeal procedure. Alternatively, to minimize time and expense, the parties may opt for hearings before a board of arbitrators against whose decision there is no possibility of appeal. If this option was not already provided for in the contract, the parties to a dispute may, if they so wish and in mutual agreement, opt for board arbitration.
BCA arbitrations are governed by the provisions of the Arbitration Act 1996, except where such provisions are expressly modified by or are inconsistent with the BCA arbitration rules. The juridical seat of any arbitration or appeal under BCA rules is England, as designated under the rules pursuant to section 3 of the Arbitration Act 1996.
Parties to an arbitration have the right to apply to the courts to determine questions as to the substantive jurisdiction of the arbitral tribunal, or to challenge an award on the ground of serious irregularity affecting the relevant arbitral tribunal. They may also appeal to the court on a question of law.
Notices to be given under BCA rules shall be sent within the relevant time limits by prepaid first class mail or airmail, or by any other recognized international carrier, or by fax, telex or email, in which case evidence of receipt should be obtained. Under BCA rules all written statements must be in English. Supporting evidence in a language other than English must be accompanied by an independent translation.
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