Arbitration is a form of alternative dispute resolution, which along with mediation and conciliation, offers an alternative to court procedures. The parties essentially agree to have a dispute submitted to an independent arbitrator(s) who will make a binding decision on the parties' behalf.
The Arbitration Act 42 of 1965 regulates arbitration in South Africa.
What is arbitration?
Arbitration is a voluntary process which can only be brought about by written agreement between parties in respect of future or existing disputes. It is also a private process, which therefore ensures confidentiality of disclosures and the eventual award, unless otherwise agreed upon between the parties. The parties can choose the arbitrator(s) or alternatively have an association such as the Arbitration Foundation of Southern Africa appoint the arbitrator(s) on their behalf.
Benefits of arbitration
Arbitration may provide for a cost-effective alternative to court litigation, whereby parties can choose their own qualified arbitrator, as well as the date and venue of the process. The arbitration process is usually also concluded in a more time effective manner.
Arbitration award is legally binding
The award of the arbitration, as set out by the arbitrator, is final and binding, which means that all parties concerned are bound by and will have to comply with such award, which will be made in writing.
In order to enforce the award, it may be made an order of court. Non-compliance may therefore result in a party being in contempt of court.
August 27, 2019
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