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Arbitration in South Africa - Webber Wentzel

2019-11-1  South Africa is an arbitration-friendly jurisdiction. South African courts recognise that any party may choose arbitration as a legitimate and constitutionally permissible form of dispute resolution. Accordingly, the courts are willing to enforce any valid arbitral award on the same basis as a judgment of the High Court of South Africa, unless2019-11-1  South Africa is an arbitration-friendly jurisdiction. South African courts recognise that any party may choose arbitration as a legitimate and constitutionally permissible form of dispute resolution. Accordingly, the courts are willing to enforce any valid arbitral award on the same basis as a judgment of the High Court of South Africa, unless

Arbitration procedures and practice in South Africa ...

2020-5-1  Arbitration is a well-established and popular mechanism for the resolution of commercial disputes in South Africa. The popularity of arbitration was significantly boosted by the enactment of the South African International Arbitration Act in 2017. The International Arbitration Act incorporates the UNCITRAL Model Law on International Commercial ...2020-5-1  Arbitration is a well-established and popular mechanism for the resolution of commercial disputes in South Africa. The popularity of arbitration was significantly boosted by the enactment of the South African International Arbitration Act in 2017. The International Arbitration Act incorporates the UNCITRAL Model Law on International Commercial ...

Arbitration in South Africa - Polity.org.za

2017-5-5  Arbitrations in South Africa are governed by the Arbitration Act 42 of 1965 (hereinafter “the Act”). However, in order for the Act to be enforceable, the parties must record their agreement in writing to arbitrate any existing dispute or any future dispute 2017-5-5  Arbitrations in South Africa are governed by the Arbitration Act 42 of 1965 (hereinafter “the Act”). However, in order for the Act to be enforceable, the parties must record their agreement in writing to arbitrate any existing dispute or any future dispute

AFSA - Arbitration Foundation of Southern Africa

2021-6-1  The Arbitration Foundation of Southern Africa (AFSA) is a private dispute resolution authority which manages and administers the confidential resolution of a wide-range of local and international disputes by way of mediation, adjudication, arbitration and related processes.2021-6-1  The Arbitration Foundation of Southern Africa (AFSA) is a private dispute resolution authority which manages and administers the confidential resolution of a wide-range of local and international disputes by way of mediation, adjudication, arbitration and related processes.

Arbitration CCMA

2021-5-27  The arbitration award is sent to the parties by the CCMA within 14 days of the finalization of the arbitration. This award can only be challenged through a review process in the Labour Court (there are, however, instances where an award may be taken on appeal to the Labour Court such as with certain unfair discrimination disputes).2021-5-27  The arbitration award is sent to the parties by the CCMA within 14 days of the finalization of the arbitration. This award can only be challenged through a review process in the Labour Court (there are, however, instances where an award may be taken on appeal to the Labour Court such as with certain unfair discrimination disputes).

First-step analysis: arbitration in South Africa - Lexology

2020-2-24  The Arbitration Foundation of Southern Africa (AFSA) is based in Johannesburg and is one of the leading arbitral institutions in South Africa. AFSA also provides facilities in Pretoria and Cape...2020-2-24  The Arbitration Foundation of Southern Africa (AFSA) is based in Johannesburg and is one of the leading arbitral institutions in South Africa. AFSA also provides facilities in Pretoria and Cape...

South Africa PLC Dispute Resolution Handbook -

2016-9-21  in South Africa. Various forums of alternative dispute resolution (ADR) are used outside or as an adjunct to formal court proceedings. Mediation and arbitration are the most common. ADR has become popular because of perceived benefits such as confidentiality, expedited and cost-effective proceedings, and the ability to choose the2016-9-21  in South Africa. Various forums of alternative dispute resolution (ADR) are used outside or as an adjunct to formal court proceedings. Mediation and arbitration are the most common. ADR has become popular because of perceived benefits such as confidentiality, expedited and cost-effective proceedings, and the ability to choose the

Association of Arbitrators (Southern Africa) NPC ...

No arbitration hearings will take place at the Association’s premises during the lockdown period. Arbitrators and the parties involved in pending arbitrations must adhere to the Regulations during the lockdown period. This may necessitate postponement of No arbitration hearings will take place at the Association’s premises during the lockdown period. Arbitrators and the parties involved in pending arbitrations must adhere to the Regulations during the lockdown period. This may necessitate postponement of

Procedural guidelines in arbitration cases Labour Guide

2021-6-20  The procedural guidelines laid down require the arbitrator to start off by explaining the arbitration process and rules. This entails explaining that: Opening statements are made by each party outlining what they intend to prove. The arbitrator could, for 2021-6-20  The procedural guidelines laid down require the arbitrator to start off by explaining the arbitration process and rules. This entails explaining that: Opening statements are made by each party outlining what they intend to prove. The arbitrator could, for

Stages of the Arbitration Process - ADR.org

2021-3-26  • Depending on what process is set forth in the Rules that govern your arbitration, the AAA invites an arbitrator or arbitrators to serve on the case. • As part of this process, the arbitrator reviews case information, checks for conflicts and returns a signed oath document, along with any relevant disclosures, if applicable. 3.2021-3-26  • Depending on what process is set forth in the Rules that govern your arbitration, the AAA invites an arbitrator or arbitrators to serve on the case. • As part of this process, the arbitrator reviews case information, checks for conflicts and returns a signed oath document, along with any relevant disclosures, if applicable. 3.

First-step analysis: arbitration in South Africa - Lexology

2020-2-24  The Arbitration Foundation of Southern Africa (AFSA) is based in Johannesburg and is one of the leading arbitral institutions in South Africa. AFSA also provides facilities in Pretoria and Cape Town.2020-2-24  The Arbitration Foundation of Southern Africa (AFSA) is based in Johannesburg and is one of the leading arbitral institutions in South Africa. AFSA also provides facilities in Pretoria and Cape Town.

Commercial Litigation and Arbitration Process and

2021-6-7  The law in South Africa makes provision for dispute of a commercial nature to be settled in and out of the court. Where a dispute is brought before the court, the process is called litigation. However, when parties do not want to involve the courts, alternative dispute resolution methods such as arbitration may be called upon.2021-6-7  The law in South Africa makes provision for dispute of a commercial nature to be settled in and out of the court. Where a dispute is brought before the court, the process is called litigation. However, when parties do not want to involve the courts, alternative dispute resolution methods such as arbitration may be called upon.

Conciliation and Arbitration – The Process - Bregman ...

2014-5-10  Most employment disputes in South Africa are referred to the CCMA for resolution. The first stage of resolutions is the process of conciliation. If the matter remains unresolved, the dispute may either be referred for what is called a CON/ARB or Arbitration or in certain cases to the Labour Court. But, what are these processes []2014-5-10  Most employment disputes in South Africa are referred to the CCMA for resolution. The first stage of resolutions is the process of conciliation. If the matter remains unresolved, the dispute may either be referred for what is called a CON/ARB or Arbitration or in certain cases to the Labour Court. But, what are these processes []

Construction Arbitration in South Africa - Labour Law

2018-8-24  As such, the arbitration process followed must be suitable for the particular circumstances of the dispute, such as a system suited for hearing and deciding on disputes in the construction industry of South Africa. Construction arbitration in South Africa has certain characteristics, which are briefly discussed below. Confidentiality2018-8-24  As such, the arbitration process followed must be suitable for the particular circumstances of the dispute, such as a system suited for hearing and deciding on disputes in the construction industry of South Africa. Construction arbitration in South Africa has certain characteristics, which are briefly discussed below. Confidentiality

Association of Arbitrators (Southern Africa) NPC ...

COVID-19 CORONA VIRUS SOUTH AFRICAN ONLINE PORTAL The site, formally known as the Covid-19 South African Online Portal, contains information about the SARS-CoV-2 virus and the disease it causes, plus statistics on its spread in South Africa and COVID-19 CORONA VIRUS SOUTH AFRICAN ONLINE PORTAL The site, formally known as the Covid-19 South African Online Portal, contains information about the SARS-CoV-2 virus and the disease it causes, plus statistics on its spread in South Africa and

SOUTH AFRICA - Arbitration (ICCA

2021-1-27  South Africa, which is the highest, or apex, court in the South African judicial system, 1. Subject to the provisions of the Act. 2. In interpreting any legislation the South African courts are enjoined to promote the spirit, purport and objects of the Bill of Rights. See, e.g., Investigating Directorate: Serious Economic Offences and Others v.2021-1-27  South Africa, which is the highest, or apex, court in the South African judicial system, 1. Subject to the provisions of the Act. 2. In interpreting any legislation the South African courts are enjoined to promote the spirit, purport and objects of the Bill of Rights. See, e.g., Investigating Directorate: Serious Economic Offences and Others v.

How to approach arbitration process - IOL News that ...

The case may be referred for arbitration or to the Labour Court. Step 8: For an arbitration hearing, you have to complete a request form. A copy must be served on the other party (same as in step 3).The case may be referred for arbitration or to the Labour Court. Step 8: For an arbitration hearing, you have to complete a request form. A copy must be served on the other party (same as in step 3).

Litigation versus Arbitration: which to use in a civil ...

The arbitration process has certain advantages over litigation, however, the cost can be a deterrent. See also: The functions and differences between state attorneys, state advocates and prosecutors; The International Arbitration Act spells opportunity for South Africa; Why do financial institutions generally avoid international arbitration?The arbitration process has certain advantages over litigation, however, the cost can be a deterrent. See also: The functions and differences between state attorneys, state advocates and prosecutors; The International Arbitration Act spells opportunity for South Africa; Why do financial institutions generally avoid international arbitration?

South Africa: Default Awards in Arbitration Insight ...

2019-8-29  South Africa: Default Awards in Arbitration. In trial proceedings under the uniform rules of court, a plaintiff would be entitled to apply for default judgment where the defendant fails to enter a notice of intention to defend the action instituted, or where the defendant fails to deliver its plea within the time period prescribed by the rules.2019-8-29  South Africa: Default Awards in Arbitration. In trial proceedings under the uniform rules of court, a plaintiff would be entitled to apply for default judgment where the defendant fails to enter a notice of intention to defend the action instituted, or where the defendant fails to deliver its plea within the time period prescribed by the rules.

Alternative Dispute Resolution: Arbitration

2021-6-19  Arbitration and mediation are the most common forms of ADR. ADR methods are used outside, or in addition to, formal court proceedings. Our dispute resolution specialists have an established track record of representing parties in using arbitration and mediation proceedings, as well as using hybrid forms combining these processes to resolve ...2021-6-19  Arbitration and mediation are the most common forms of ADR. ADR methods are used outside, or in addition to, formal court proceedings. Our dispute resolution specialists have an established track record of representing parties in using arbitration and mediation proceedings, as well as using hybrid forms combining these processes to resolve ...

Commercial Litigation and Arbitration Process and

2021-6-7  The law in South Africa makes provision for dispute of a commercial nature to be settled in and out of the court. Where a dispute is brought before the court, the process is called litigation. However, when parties do not want to involve the courts, alternative dispute resolution methods such as arbitration may be called upon.2021-6-7  The law in South Africa makes provision for dispute of a commercial nature to be settled in and out of the court. Where a dispute is brought before the court, the process is called litigation. However, when parties do not want to involve the courts, alternative dispute resolution methods such as arbitration may be called upon.

Litigation versus Arbitration: which to use in a civil ...

The arbitration process has certain advantages over litigation, however, the cost can be a deterrent. See also: The functions and differences between state attorneys, state advocates and prosecutors; The International Arbitration Act spells opportunity for South Africa; Why do financial institutions generally avoid international arbitration?The arbitration process has certain advantages over litigation, however, the cost can be a deterrent. See also: The functions and differences between state attorneys, state advocates and prosecutors; The International Arbitration Act spells opportunity for South Africa; Why do financial institutions generally avoid international arbitration?

Arbitration Guidelines CCMA

2021-5-27  Preparatory Steps for Arbitration. Referring a Dispute. Codes Procedures. + Essential Services Committee. Committee Members. Determinations and Designations. Registration Process. Investigation Process. ESC Referral Forms.2021-5-27  Preparatory Steps for Arbitration. Referring a Dispute. Codes Procedures. + Essential Services Committee. Committee Members. Determinations and Designations. Registration Process. Investigation Process. ESC Referral Forms.

DiSAC Mediation Arbitration Standards

DiSAC is the professional standards body of the mediation and arbitration industry in South Africa. “Promoting excellence in the practice of mediation and arbitration” Process for establishing a Professional Body for Dispute Resolution PractitionersDiSAC is the professional standards body of the mediation and arbitration industry in South Africa. “Promoting excellence in the practice of mediation and arbitration” Process for establishing a Professional Body for Dispute Resolution Practitioners

A new dawn for international arbitration in South

2017-5-10  In line with international trends, commercial arbitration of disputes in South Africa has become more popular over the last 15 years. This is particularly so in disputes which require the arbitrator to have specialised commercial skills, for example, in disputes that are commercially complex or transnational in scope, or where a particular expertise is required, such as in construction or ...2017-5-10  In line with international trends, commercial arbitration of disputes in South Africa has become more popular over the last 15 years. This is particularly so in disputes which require the arbitrator to have specialised commercial skills, for example, in disputes that are commercially complex or transnational in scope, or where a particular expertise is required, such as in construction or ...

South Africa: Default Awards in Arbitration Insight ...

2019-8-29  South Africa: Default Awards in Arbitration. In trial proceedings under the uniform rules of court, a plaintiff would be entitled to apply for default judgment where the defendant fails to enter a notice of intention to defend the action instituted, or where the defendant fails to deliver its plea within the time period prescribed by the rules.2019-8-29  South Africa: Default Awards in Arbitration. In trial proceedings under the uniform rules of court, a plaintiff would be entitled to apply for default judgment where the defendant fails to enter a notice of intention to defend the action instituted, or where the defendant fails to deliver its plea within the time period prescribed by the rules.

A CRITICAL ANALYSIS OF THE SOUTH AFRICAN LAW OF ...

2015-2-10  3.4 Arbitration in South Africa 3.4.1 Definition of Arbitration 24 3.4.2 Origins of Arbitration in South Africa 24 3.4.3 Date of Commencement of Arbitration Act 25 ... chapter shall be a specific discussion regarding the process which is followed when a dispute is referred to arbitration. Some focus will also fall on the different2015-2-10  3.4 Arbitration in South Africa 3.4.1 Definition of Arbitration 24 3.4.2 Origins of Arbitration in South Africa 24 3.4.3 Date of Commencement of Arbitration Act 25 ... chapter shall be a specific discussion regarding the process which is followed when a dispute is referred to arbitration. Some focus will also fall on the different

Alternative Dispute Resolution: Arbitration

2021-6-19  Arbitration and mediation are the most common forms of ADR. ADR methods are used outside, or in addition to, formal court proceedings. Our dispute resolution specialists have an established track record of representing parties in using arbitration and mediation proceedings, as well as using hybrid forms combining these processes to resolve ...2021-6-19  Arbitration and mediation are the most common forms of ADR. ADR methods are used outside, or in addition to, formal court proceedings. Our dispute resolution specialists have an established track record of representing parties in using arbitration and mediation proceedings, as well as using hybrid forms combining these processes to resolve ...

IN THE ARBITRATION BETWEEN - SAFLII

2018-3-26  Legal Aid South Africa. In addition to the arbitration record which runs into 3000 pages, a total of 173 documentary exhibits were admitted to the record. ... “The [alternative dispute resolution] process is intended to facilitate closure and redress for affected mental health care users and families. As set out in recommendation 17 of the2018-3-26  Legal Aid South Africa. In addition to the arbitration record which runs into 3000 pages, a total of 173 documentary exhibits were admitted to the record. ... “The [alternative dispute resolution] process is intended to facilitate closure and redress for affected mental health care users and families. As set out in recommendation 17 of the

There are ways around an arbitration award Labour

2021-6-19  Ivan Israelstam. The Labour Relations Act (LRA) does not allow any party to appeal against an arbitration award. However, such awards can be overturned by other means. In fact, there are two ways of going about setting aside an arbitration award: by Labour Court review or by rescission application. On one hand, according to the the Labour Court ...2021-6-19  Ivan Israelstam. The Labour Relations Act (LRA) does not allow any party to appeal against an arbitration award. However, such awards can be overturned by other means. In fact, there are two ways of going about setting aside an arbitration award: by Labour Court review or by rescission application. On one hand, according to the the Labour Court ...

Commercial Litigation and Arbitration Process and

2021-6-7  The law in South Africa makes provision for dispute of a commercial nature to be settled in and out of the court. Where a dispute is brought before the court, the process is called litigation. However, when parties do not want to involve the courts, alternative dispute resolution methods such as arbitration may be called upon.2021-6-7  The law in South Africa makes provision for dispute of a commercial nature to be settled in and out of the court. Where a dispute is brought before the court, the process is called litigation. However, when parties do not want to involve the courts, alternative dispute resolution methods such as arbitration may be called upon.

Mediation Arbitration - Taylor Attorneys

Commercial contracts in South Africa usually include an arbitration clause which specifies how, in the event of a dispute, arbitration is to take place. Where this is not the case, the disputing parties would need to agree to have a dispute arbitrated, and an arbitration agreement would then be signed which sets out the pre-agreed arbitration ...Commercial contracts in South Africa usually include an arbitration clause which specifies how, in the event of a dispute, arbitration is to take place. Where this is not the case, the disputing parties would need to agree to have a dispute arbitrated, and an arbitration agreement would then be signed which sets out the pre-agreed arbitration ...

Arbitration Guidelines CCMA

2021-5-27  Preparatory Steps for Arbitration. Referring a Dispute. Codes Procedures. + Essential Services Committee. Committee Members. Determinations and Designations. Registration Process. Investigation Process. ESC Referral Forms.2021-5-27  Preparatory Steps for Arbitration. Referring a Dispute. Codes Procedures. + Essential Services Committee. Committee Members. Determinations and Designations. Registration Process. Investigation Process. ESC Referral Forms.

DiSAC Mediation Arbitration Standards

DiSAC is the professional standards body of the mediation and arbitration industry in South Africa. “Promoting excellence in the practice of mediation and arbitration” Process for establishing a Professional Body for Dispute Resolution PractitionersDiSAC is the professional standards body of the mediation and arbitration industry in South Africa. “Promoting excellence in the practice of mediation and arbitration” Process for establishing a Professional Body for Dispute Resolution Practitioners

A new dawn for international arbitration in South

2017-5-10  In line with international trends, commercial arbitration of disputes in South Africa has become more popular over the last 15 years. This is particularly so in disputes which require the arbitrator to have specialised commercial skills, for example, in disputes that are commercially complex or transnational in scope, or where a particular expertise is required, such as in construction or ...2017-5-10  In line with international trends, commercial arbitration of disputes in South Africa has become more popular over the last 15 years. This is particularly so in disputes which require the arbitrator to have specialised commercial skills, for example, in disputes that are commercially complex or transnational in scope, or where a particular expertise is required, such as in construction or ...

Alternative Dispute Resolution: Arbitration

2021-6-19  Arbitration and mediation are the most common forms of ADR. ADR methods are used outside, or in addition to, formal court proceedings. Our dispute resolution specialists have an established track record of representing parties in using arbitration and mediation proceedings, as well as using hybrid forms combining these processes to resolve ...2021-6-19  Arbitration and mediation are the most common forms of ADR. ADR methods are used outside, or in addition to, formal court proceedings. Our dispute resolution specialists have an established track record of representing parties in using arbitration and mediation proceedings, as well as using hybrid forms combining these processes to resolve ...

IN THE ARBITRATION BETWEEN - SAFLII

2018-3-26  Legal Aid South Africa. In addition to the arbitration record which runs into 3000 pages, a total of 173 documentary exhibits were admitted to the record. ... “The [alternative dispute resolution] process is intended to facilitate closure and redress for affected mental health care users and families. As set out in recommendation 17 of the2018-3-26  Legal Aid South Africa. In addition to the arbitration record which runs into 3000 pages, a total of 173 documentary exhibits were admitted to the record. ... “The [alternative dispute resolution] process is intended to facilitate closure and redress for affected mental health care users and families. As set out in recommendation 17 of the

There are ways around an arbitration award Labour

2021-6-19  Ivan Israelstam. The Labour Relations Act (LRA) does not allow any party to appeal against an arbitration award. However, such awards can be overturned by other means. In fact, there are two ways of going about setting aside an arbitration award: by Labour Court review or by rescission application. On one hand, according to the the Labour Court ...2021-6-19  Ivan Israelstam. The Labour Relations Act (LRA) does not allow any party to appeal against an arbitration award. However, such awards can be overturned by other means. In fact, there are two ways of going about setting aside an arbitration award: by Labour Court review or by rescission application. On one hand, according to the the Labour Court ...

AN ANALYSIS OF THE THEORY AND PRINCIPLES OF

2018-11-17  arbitration and quality arbitration. Each process is distinct and separate, having its O'Ml unique form, function and method of transforming a dispute. Outwardly, this represents a diverse collection of disjunctive ... This thesis responds to the contemporary debate both in South Africa 2018-11-17  arbitration and quality arbitration. Each process is distinct and separate, having its O'Ml unique form, function and method of transforming a dispute. Outwardly, this represents a diverse collection of disjunctive ... This thesis responds to the contemporary debate both in South Africa

UNIVERSITY OF THE WESTERN CAPE FACULTY OF LAW A

2015-12-8  South Africa in order to remedy the shortcomings of its civil justice system, the following aspects are considered in this thesis: the benefits, advantages, and the constitutionality of mandatory court based mediation, as well as the criticisms and challenges of the process.2015-12-8  South Africa in order to remedy the shortcomings of its civil justice system, the following aspects are considered in this thesis: the benefits, advantages, and the constitutionality of mandatory court based mediation, as well as the criticisms and challenges of the process.