Arbitration is one of a few dispute resolution mechanisms which include conciliation (negotiation), mediation, and litigation. It is regulated by the Arbitration Act 47 of 1965 (“the Act”) as amended. The Act does not provide for a definition of arbitration. Butler and Finsen in their book, Arbitration in South Africa Law and Practice, provide the following definition of arbitration, stating …
Litigation is the primary method of dispute resolution in the South African justice system. Essentially, litigation is the institutionalised process adopted by the court system as the method of resolving disputes. The process is characterised by a number of deficiencies, which include the adversarial nature of the process, which often creates further conflict between disputing parties and often results in …
