In the event you and your counterparty fail to reach an agreement as part of a Gafta arbitration procedure, you can file a claim with the Gafta arbitration committee. If your contract contains a mandatory arbitration clause and you have signed a Gafta agreement, then you have the option of filing a claim with the Gafta Arbitration Committee. This article explains how to file a claim if you cannot reach an agreement as part of the Gafta arbitration procedure.
Step 1: Determine Whether to File a Claim
The first step in filing a claim is to determine whether you should file a claim at all. This is because if you file a claim, then you cannot initiate a new arbitration procedure for another 12 months. If you believe that the dispute can be resolved amicably, then you should first attempt to reach a settlement agreement with your counterparty. If the parties are close to resolving the dispute, then there is no need to file a claim. If you file a claim, then you will have to provide a reason for filing the claim that is acceptable to the Gafta Arbitration Committee. You may want to base your decision on one or more of the following reasons: - Your counterparty is not cooperating or attempting to resolve the dispute. - Your counterparty has not offered a fair settlement agreement. - You believe your counterparty has violated their Gafta obligations. If you decide to file a claim, you should know that you have the option of filing a claim either orally or in writing. You should note that the Gafta Arbitration Committee may reject your claim if you fail to meet their filing requirements.
Step 2: Check Your Contract for the Arbitration Clause
Before you file a Gafta arbitration claim, you should ensure that the contract includes a mandatory arbitration clause. This clause must be reasonable and not contrary to public order or public policy. If the arbitration clause is mandatory, then you must use the Gafta arbitration procedure to resolve your dispute. If the clause is optional, then you will have the option to use the Gafta arbitration procedure or you can choose another dispute resolution mechanism. In the latter case, you will not be bound by the Gafta Arbitration Committee rules.
Step 3: Contact the Gafta Arbitration Committee
After you have determined that your contract includes a mandatory arbitration clause, you can contact the Gafta Arbitration Committee to file a claim. You can do so in a written or oral format. You can also do so through your Gafta representative or by using a Gafta online filing system. If you are filing a written claim, then you must include the following in your claim: - Your name and contact details. - The name of your counterparty and the contract details. - The nature of the dispute. - The reason for filing the claim. - A request for the Gafta Arbitration Committee to appoint the Members. You must also include a copy of the contract and a fee of $2,000. With the written filing, you can also request that the Gafta Arbitration Committee issue an interim award.
Step 4: Choose the Members of the Committee and Discuss Details of Your Claim
Once you have filed your claim, the Gafta Arbitration Committee will appoint a panel of arbitrators to hear your dispute. The Gafta Arbitration Committee will select arbitrators who meet the following criteria: - They must be independent and impartial. - They must have expertise in the relevant subject matter. - They must be Gafta members. Typically, the Gafta Arbitration Committee will choose two arbitrators. However, the Committee will appoint three arbitrators if the relevant contract specifies that the dispute must be resolved by three arbitrators. After you have filed your claim and the Gafta Arbitration Committee has appointed the arbitrators, you should discuss the details of your claim with the arbitrators. You should provide the arbitrators with all relevant information, including copies of the contract and any supporting documents.
Conclusion
The Gafta arbitration procedure is the most commonly used dispute resolution mechanism in the entertainment industry. If you are involved in a dispute as a party or a participant in a Gafta contract, then you may have to follow the Gafta arbitration procedure. During the procedure, you will have the opportunity to negotiate a settlement agreement and/or file a claim with the Gafta Arbitration Committee. Once you have filed your claim, you will have to wait for the Gafta Arbitration Committee to appoint the arbitrators. Once the arbitrators are appointed, you can discuss the details of your claim with the arbitrators and provide them with the necessary information. After the Gafta Arbitration Committee has heard your dispute and reached a decision, the Committee will issue a final award.
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