Arbitration

Alternative Dispute Resolution Specialists

What is arbitration?

Arbitration is a form of alternative dispute resolution very similar to trial proceedings. It is the private, adjudicative determination of a dispute, by an independent third party. An arbitration hearing may involve the use of an individual arbitrator or a panel of arbitrators and unlike mediation, is binding upon the parties.

Rules Of Commercial Arbitration

Arbitrations are governed by the Arbitration Act 42 of 1965. Once the parties agree to have a dispute arbitrated, an arbitration agreement is signed which sets out the rules by which the arbitration will be governed.

Enforcement

An arbitration award is binding on the parties to the arbitration. An award may, however, also be made an order of court, in which case, the arbitration award will then be enforced in the usual manner that court judgements are enforced.

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Arbitration awards are final. If the parties agree on an appeal procedure, arbitration awards given by one arbitrator may be appealed to a bench of three arbitrators.

Even if a matter is appealed, the appeal can be heard as soon as a date can be set by the arbitrators and the parties and the appeal can be dealt with expeditiously.

Conclusion

The aim of arbitration is to provide an alternative forum where the dispute may be adjudicated allowing the parties some control over who adjudicates the matter and the time periods in which the matter will be heard.

The views expressed by authors are their own and do not necessarily reflect the views of any organisation or body of persons.