Answer ... Section 1 of the Alternative Dispute Resolution Act states that matters relating to the following are not arbitrable:
- the national and public interest – a term which is not defined in the act;
- the environment;
- the enforcement and interpretation of the Constitution; or
- any other matter that by law cannot be settled by alternative dispute resolution.
Section 72 of the Courts Act 459/1993 also provides that all civil matters are subject to settlement out of court, including settlement through arbitration.
Answer ... There are no such restrictions under the Alternative Dispute Resolution Act.