The IGPA’s internationally respected Arbitration services provide parties who use The IGPA’s standard forms of contract with a system to resolve trade disputes in a fast and efficient manner.

The IGPA Rules of Arbitration and Appeal can be purchased from the Association. Any party to a dispute is advised to read the set of rules which are in force at the date of the contract.

All disputes are adjudicated by a Sole Arbitrator or, if both parties have expressly agreed, a tribunal of three arbitrators. Please contact the Secretariat for a list of Arbitrators (members can log in and download the list below) who, having followed the training programme required by the Association, are approved by the IGPA to accept appointments.

Should parties wish a trade expert to advise them in an arbitration case, they may appoint another arbitrator who has no link with the tribunal to act as a “trade advisor”. This trade advisor will be able to advise the parties, not only on the merits of the case, but also on how to present their submissions and evidence to the tribunal.

Downloads:

Guide to Arbitration and Appeals (Login to download)

Items covered under the Guide to Arbitration and Appeals are:

• Guide to Arbitration

• Guide to Appeals

• Notes to Appeal Procedure

• Enforcement

Rules of Arbitration and Appeal (Login to download)

Arbitration Panels:

Arbitrators and Appeal Board Members (Login to download)

Arbitrators, Appeal Board Members and Chairman of Tribunals (Login to download)

A Few Key Points:

On receipt of the first set of submissions, the Association will appoint a sole arbitrator to hear and determine the dispute, unless the parties expressly agree in writing to the appointment of a tribunal of three arbitrators.

The Arbitrators (three or one) are appointed as an impartial tribunal to hear and judge the matter and are not in any way able to assist the parties with presentation of their evidence or statements.

Time Limits – it is very important to be aware of time limits for claiming arbitration and appointing arbitrators.

1. Claiming Arbitration

For Quality and or Condition Claims arbitration must be claimed not later than 35 days after the completion of discharge.

For claims other than on quality and condition parties have 120 consecutive days:-

• For CIF, C&F or landed terms after either the expiry of the contractual period of shipment or completion of final discharge of the goods, which ever period expires last

• On FOB terms, after the expiry of the contract period of shipment

• On any other terms, after the last day of the contractual delivery period

• For monies due, 120 consecutive days after the dispute has arisen.

2. Appointment of Members to a Tribunal of three Arbitrators.

Where both parties have agreed to the appointment of a tribunal of three, the party claiming arbitration has 7 days from the claim to appoint an arbitrator and the other party then has a further 7 days to do likewise. The Association will then appoint a third arbitrator to the Tribunal who will also be Chairman. It is his responsibility to ensure that the matter is dealt with promptly and effectively.

3. What happens if one party fails to appoint an Arbitrator within the time limits

If any party fails to appoint an arbitrator the Association may do so. 

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