Is the hearing and determination of a dispute by an impartial referee selected or agreed upon by the parties concerned. In South Africa arbitration is favoured as an alternative to litigation in resolving conflicts and disputes. The attraction is that a settlement can be reached out of the courts, which are presided over by judges and magistrates appointed by the State, and the more flexible nature of the process. However, while arbitration is usually a quicker process than litigation it can still be costly, as the parties jointly appoint the arbitrator and are therefore liable for paying the arbitrator’s fees, the cost of the venue as well as the cost of the recording and transcription of the proceedings and findings. The duration of proceedings will be as long as the parties choose to make it, although typically it will be shorter than the court proceedings for a similar case.

See: 6.1P-30.7; 5.0P-40.2.2; 4.1P-40.2.2; 6.1N-30.7; 5.0N-40.2.2; 4.1N-40.2.2; 5.1M-22.5; 4.0M-18.2; 3.1M-18.2;