Cases Calendar

 August 2017
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HEARINGS

To view The Companies Tribunal’s Decisions & orders…

OVERVIEW


An application to the Companies Tribunal for adjudication constitutes an alternative procedure for addressing complaints under the Companies Act. A distinction must be drawn between Alternative Dispute Resolution (ADR) before the Companies Tribunal and adjudication proceedings before the Companies Tribunal. Any person with standing may apply to the Companies Tribunal for adjudication in respect of any matter for which such an application is permitted by the Act.

 

The Companies Tribunal must conduct adjudication proceedings expeditiously and in accordance with the principles of natural justice. The proceedings may be conducted informally. At the conclusion of adjudication proceedings, the presiding member of the Companies Tribunal must issue a decision together with written reasons for it.

 

The persons who may participate in an adjudication hearing are the CIPC, the applicant or complainant, and any other person who has a material interest in the hearing. They may participate in person, or through a representative, and may put questions to witnesses, as well as inspect documents or items presented at the hearing. At an adjudication hearing the Companies Tribunal may, inter alia, direct or summon any person to appear at a specified time and place; question any person under oath or affirmation; or order any person to produce any necessary document or item.

 

It is an offense to hinder, obstruct or improperly attempt to influence the Companies Tribunal when exercising a power or performing a duty delegated, conferred, or imposed by the Companies Act. The hearings of the Tribunal are open to members of the public, except for ADR facilitations.