Redflag provisions in the South African Arbitration Act may hinder swift and efficient arbitrations
In recent years there has been increased reliance on use of arbitration to resolve commercial disputes. The hallmark of arbitration is that it enables the parties to a dispute to determine the manner in which the parties will attempt to resolve the dispute, including the rules and duration. In South Africa arbitration is particularly attractive because courts are inundated with cases. Litigants often have to wait months or even years before a matter goes to trial. When a matter is eventually tried it involves a formal, rigid, lengthy and costly process. In courts, litigants have a right, amongst others things…