Once the CON-ARB or Pre-ARB processes are finalized and the Parties were unable to reach a settlement, the Registrar shall after discussions and negotiating the arbitrators’ fees with both Parties, proceed to appoint a sole Arbitrator to hear the matter, in terms of the ADR ACCESS rules relating to the specific nature of the dispute.
Only once the agreed upon fees have been paid will the Registrar allocate a hearing date to the Parties.
The hearing shall be held by means of an online video conferencing tool hosted, set up and managed by the Platform unless otherwise instructed by the Registrar.
Arbitrators registered on the ADR ACCESS platform shall be requested to sign a declaration that they shall immediately, upon receiving and accepting an appointment to hear a specific matter from the Platform, inform the Registrar in writing, if they are aware of any circumstances or might reasonably that could give rise to any justified doubts as to his independence or impartiality to act as an Arbitrator.
The Arbitrator shall have the widest discretion and powers allowed by law to ensure the just, expeditious, economical and final determination of all the disputes raised in the proceedings, including the matter of costs, in terms of the ADR ACCESS Rules and/or where these Rules are silent in any way.