How a fixed fee changes the behaviour of a dispute
When cost rises with every step, delay becomes a tactic. Remove that, and the incentives change.
Read articleCommercial arbitration in South Africa, held to its timetable
Sandton
A private institution for commercial disputes
Verca administers commercial arbitration throughout South Africa, under its own Rules and before a panel of experienced practitioners. Each matter has a case manager, a fee given in writing before you commit, and a fixed period for the decision. Hearings take place where it suits the parties, in person or online.
Why parties come to Verca
Time
The arbitrator must decide within a fixed period: 120 days for claims up to R5 million, and 150 days for larger or more complex claims, counted from the day we serve the claim. We keep every matter to its timetable. If a party misses a deadline, we give it notice and the matter continues.
Cost
You receive the fee in writing before you commit. It covers the arbitrator, our administration and the venue. We pay the arbitrator from that fee, never by the hour.
Finality
The arbitrator's decision is final and binding. An appeal is possible only if both parties have agreed to one in writing before the decision is issued.
How long it takes
Each procedure fixes the period within which the arbitrator must decide.
| Your matter | The arbitrator decides within |
|---|---|
| A claim up to R5 million | 120 days |
| A larger or more complex claim | 150 days |
| Urgent relief before the arbitrator is appointed | about 9 days |
| An urgent decision, where your contract provides for it | about 9 days |
| An appeal, where both parties agreed to one | 90 days |
For a claim, periods run from the day we serve it. For urgent matters, they run from the day the fee is confirmed, and for an appeal, from the day it is lodged. How it works
Three ways to use Verca
When a dispute has arisen
Both parties sign our agreement to arbitrate and refer the dispute to us.
Speak to usWhen it cannot wait
Apply for urgent relief before the arbitrator is appointed, and we appoint an arbitrator for it within 48 hours after the fee is confirmed (weekend hours excluded).
Urgent reliefHow we keep the process fair
Verca was founded by South African legal practitioners with long experience of commercial litigation and arbitration. Our Rules were written for South African commercial disputes. Before the final decision on a claim is issued, another member of our panel checks the draft in confidence. If one of our directors, officers or shareholders has a personal interest in a decision we must take, an independent senior practitioner takes it instead.
From Verca
A timetable that is published is not the same as a timetable that is held
Verca enforces the timetable that the Rules fix.
Read articleWhy finality is the point of arbitration
A commercial dispute that can be reopened is not resolved. Finality is what parties are really buying.
Read articleSpeak to us
If you are unsure whether Verca suits a dispute, call or email us. You will speak to a person, not a system.
Every document in a matter is filed and kept on our secure case system, Verca Case Accord, and a case manager is your point of contact throughout.
Coming soon
Mediation
We are building a mediation service on the same basis: one fee, fixed dates. Tell us if you want to hear when it opens.