Arbitrations
CMAA offers arbitration services in New York for disputes that may arise among CMAA members.
CMAA offers arbitration services in New York for disputes that may arise using CMAA cBy the nature of the By-Laws of the Association, all CMAA contracts and CMAA agreements covering cocoa beans or cocoa products, unless by its terms specifically negates its inclusion, between members shall include the following clause: “Any question, controversy, claim or dispute whatever arising out of or under this contract, not adjusted by mutual agreement, shall be settled by arbitration in the City of New York, State of New York, under and in accordance with the rules of The Cocoa Merchants’ Association of CMAA By-Laws…” The process is a fair, just ethical and cost-effective resolution of disputes. The methods and scope of the arbitration process are defined within the By-Laws of the Association.
Arbitration FAQs
The CMAA By-Laws are part of the CMAA By-Laws for the Association, which is open to the public on the homepage of our website. We strongly recommend that you review the CMAA By-Laws.
Disputes between one or more members and one or more non-Members: In all cases of disputes involving one or more members, the Association shall accept jurisdiction of any arbitration provided that:
Arbitration under the rules of the Association is provided for, or deemed provided for under these By-Laws, in the CMAA contract or CMAA agreement between the parties to such dispute; or
A submission to arbitration under the rules of the Association has been duly executed by the parties to said dispute in accordance with the laws of the State of New York.
Disputes between non-members shall not be arbitrated by the Association.
The above can be found in the arbitration rules within the Association’s By-Laws. Again, we strongly recommend that you review the same.
Members: At the time of filing a statement of claim and demand for arbitration, a claimant (whether such claim is a counterclaim or a third-party claim) shall pay to the Association an amount with funds drawn on a United States banking institution in the amount of one percent (1%) of the claim or five hundred dollars ($500), whichever is greater. This amount shall include a minimum non-refundable filing fee of five hundred dollars ($500). This filing fee is to accrue immediately to the benefit of the Treasury of the Association.
Non-Members: In the event the claimant is a non-member, this amount to be paid to the Association shall be one percent (1%) of the claim plus thirty-five hundred dollars ($3,500). This amount drawn on a United States banking institution shall include a minimum non-refundable filing fee of thirty-five hundred dollars ($3,500). This filing fee is to accrue immediately to the benefit of the Treasury of the Association.
The above can be found in the arbitration rules within the Association’s By-Laws. Again, we strongly recommend that you review the same.
Arbitrators are chosen from the Arbitration Committee, which is elected each year by the CMAA membership at its Annual Meeting of the Membership. The committee chairperson will appoint arbitrators to the panel.
Upon receipt of the statement of claim and demand for arbitration, or of the submission, the Chairman of the Arbitration Committee shall select a panel of three arbitrators, which may, but need not include himself, from amongst the membership of the Arbitration Committee, and he shall designate one member of the panel as its Chairman. Notice of such appointments shall be given to the parties. Each party shall have no more than two peremptory challenges which, if exercised, must be communicated to the Offices of the Association within five business days from the notification to the parties of the panel selected. If any member of the panel should disqualify himself, or if a peremptory challenge to any member of the panel is made by a party, the Chairman of the Arbitration Committee shall replace such member of the panel by the selection of some other member of the Arbitration Committee. If a party presents a challenge for cause, the Chairman of the Arbitration Committee, in his sole discretion, shall determine whether such cause exists. If the Chairman determines such cause exists, he shall replace the challenged member of the panel with another disinterested member of the Arbitration Committee.
The above can be found in the arbitration rules within the Association’s By-Laws. Again, we strongly recommend that you review the same.
You may appeal the award. The appeal process can be found in the arbitration rules within the Association’s By-Laws. Again, we strongly recommend that you review the same.
Documents
CMAA By-Laws
The principal objects of the Association are to foster trade and welfare of the cocoa beans and cocoa products ..