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  • 7.12.3-ARBITRATION-QUALITY: PROCEDURE

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  • Quality: Procedure

     
     

    When the final Answer or Reply has been filed, or the time when the same is due has expired, the GCA Secretary determines the panel of arbitrators to be used. Any arbitrator known to be connected with either party shall be removed from the list.

    If the arbitration is outside of New York, the Secretary shall then supply the list of potential arbitrators to the petitioner and the respondent and ask them each to select one arbitrator. The secretary shall then ask the two arbitrators selected, to choose a third arbitrator from the same list. This is referred to as the Alternate Panel Selection method. 

    If the arbitration location is in New York, and the Alternate Panel Selection method is not specified at time of contract, the GCA Secretary will select the panel by lot.  If the arbitration location is not specified at time of contract, the arbitration will be in New York with the GCA Secretary selecting the panel by lot.

    Arbitrations involving Grade or Quality must be held at one physical location acceptable to the Arbitrators and the Association. GCA prepares an extract of the arbitration papers that have been filed, deleting all names and references to the parties, including all marks on the samples to be tested and ensures that all pertinent data and samples are submitted to the arbitrators.  This secrecy applies to arbitrations where the GCA chooses the arbitrators. If the alternative selection of arbitrators is invoked, the parties waive their right to anonymity with the arbitrators.  The arbitrators shall then make an award within five business days.

    The arbitrators independently cup and grade six cups for each chop submitted for arbitration, according to the claimant's demand, and make their own conclusions. The arbitrators review their findings and issue either a unanimous decision, or a majority and a minority decision.  GCA notifies the parties to the dispute as quickly as possible, but not later than five business days after the decision on the award is reached.

    The arbitrators are also required to assess the costs of the arbitration against the unsuccessful party; they can however also instruct the parties to share the costs.