The
Trading Rules
Maximum safeguard
will be provided by being a member or registered with the association
under whose rules it is intended to trade and by gaining a thorough understanding
of those rules.
Many firms are registered
with more than one association.
By being a member
or registered with a selected association, firms will also have a greater
opportunity to influence the rules of that association. If the delicate
balance between the needs of the various sectors in the industry is to
be maintained, then it is essential that the composition of the association
be fully representative of all sectors.
Arbitration
Each CICCA Member
Association is prepared to arbitrate and give an award in the event of
a dispute, provided that it has proper jurisdiction.
There is no international
law of arbitration. Arbitration must be conducted under the control of
the courts of the country in which the relevant association is located.
The function of the courts is to ensure that justice is done.
The essential outcome
of arbitration is an award which is enforceable through the courts in
accordance with the provisions of the Convention on the Recognition and
Enforcement of Foreign Arbitral Awards - 1958 New York Convention. CICCA
Member Associations will seek to ensure that each award is made under
conditions which qualify it to be a 'Convention Award'.
CICCA Associations
always try to ensure that every award is an enforceable document. They
strive hard to avoid the possibility of having an award thrown out by
the courts on the grounds that the arbitration was not properly administered,
despite the fact that this often leads to criticism that the arbitration
process takes too long. But, the Association having done its job, it is
entirely up to the party with an award in its favour to take enforcement
action.
Unfortunately, a party
intent on avoiding the consequences of an award can argue long and hard
against enforcement attempts. These are features of the international
trading and legal systems; the situation is not unique to cotton. Despite
the difficulties of enforcement, those with awards in their favour are
strongly urged to press for settlement by all proper means.

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