Arbitration: Cheaper, Better, Faster?

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.