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Fast Track Short Hearing Arbitrations.

A FTSHA is an ideal system for settling disputes where it is important to ensure that the cost of the dispute settlement process is not disproportionate to the issues and the sums of money involved in the dispute. A FTSHA procedure strikes a compromise between the rights of the parties to argue out their case in full and the cost involved in so doing. The interim procedures for submission of claims and counter claims and exchange of documents are conducted within strict time limits. It is essential that the parties follow the pre-hearing procedures strictly and submit all relevant documentation to the arbitrator and comply with disclosure requirements. The pre-hearing procedures are designed to minimise the amount of time subsequently required for the arbitral hearing.

During the arbitral hearing oral submissions, witness statements and cross-questioning are likewise governed by strict time constraints agreed in advance by the parties with the assistance of the arbitrator following NADR procedural guidelines and the terms of the arbitration agreement. Such procedures are without prejudice to the statutory rights of the parties. The time constraints concentrate the minds of the parties. Hearings are conducted in an efficient and concise manner. Whilst the costs of the arbitration are kept to manageable limits, within the confines of the procedure there is scope to adjust the length of hearings.


 
     
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