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  • 7.9.5-ARBITRATION-HEARING AND AWARD

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  • Hearing and award

     
     

    Both parties are notified of the date and place of the hearing. Parties wishing to attend in person, or who wish to be represented by a member of the trade, must give written notice to the arbitrator appointed by them or for them within seven days of such appointment. Legal counsel is not permitted to attend and indeed no one else may attend without prior agreement of the arbitrators or umpire. The arbitrators or umpire board themselves may however employ legal advisers, assessors or other experts to advise them and such persons may attend the hearing. The arbitrators or umpire shall have the power to conduct the arbitration in such a manner in all respects as they consider necessary while giving each party a reasonable opportunity of putting their case and dealing with that of their opponent. The arbitrators or umpire may adopt procedures suitable for the particular case and for avoiding unnecessary delay and expense. They may also make such interim orders as they think fit for the interim protection, warehousing, sale or disposal of the subject matter of the arbitration.

    Within a reasonable time from the date of hearing, the arbitrators or umpire shall make in writing and sign a reasoned award on the official award form of the BCA. Subject to any valid appeal under BCA rules the award shall be final and binding. If so claimed the award may direct that any amounts awarded in it shall carry interest, simple or compound, at the rate specified in the award. It shall also state the costs and expenses of the arbitration, the fees payable, and which of the parties shall be responsible for paying them. The arbitration fees are set at the discretion of the arbitrators and umpire. If the award is not taken up within 30 days the BCA can direct one of the parties to take up the award and pay the fees, costs and expenses. If it is not then taken up within 10 days the BCA may by action recover all outstanding amounts from any or all of the parties, or deduct these from any amounts that may have been deposited in advance.