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Arbitration South Africa

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
White & Case LLP

High Court of South Africa affirms South Africa as a pro-arbitration jurisdiction

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On 13 March 2023, the Kwazulu-Natal Division of the High Court stayed an application for the return of goods and the re-payment of substantial sums pending finalisation of arbitration proceedings in London (Lukoil Marine...more

A&O Shearman

Are employers required to disclose investigation reports in the CCMA?

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In a recent unreported judgment between South African Sports Confederation and Olympic Committee v CCMA and Others, the Labour Court considered whether an employer is required to disclose a forensic investigation report...more

Hogan Lovells

Labour Relations Amendment Act

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The Labour Relations Amendment Act (the Amendment Act) came into effect on 1 January 2019. The Amendment Act aims to amend the Labour Relations Act to, inter alia, provide criteria for the Minister before the Minister is...more

Hogan Lovells

Labour law amendments 2018

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The following Acts have finally been assented to by President Ramaphosa. We have reviewed the Bills in previous editions of Employment News and discussed them at our employment seminars in 2017 and 2018....more

Hogan Lovells

South Africa – Stepping onto the International Arbitration stage in 2018

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In what may very well become known as one of the last significant acts signed off by former President Jacob Zuma, the International Arbitration Act No.15 of 2017 ("the Act") came into effect on 20 December 2017....more

Hogan Lovells

Employment Case Law Summaries and Articles - 2017

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We present some highlights of cases of practical relevance that came through our courts during 2017. How the City of Johannesburg fell from the fireman’s pole - Bekker CJ, Mohamed CJ and Zondo JP long observed that...more

Hogan Lovells

The International Arbitration Act: A step in the right direction

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On 19 December 2017, (former) President Jacob Zuma assented to the International Arbitration Act 15 of 2017 (the IAA). The IAA sees South Africa become the 11th African country to incorporate the United Nations Commission on...more

Hogan Lovells

Presidency assents to International Arbitration Act

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On 19 December 2017, President Jacob Zuma assented to the International Arbitration Act 15 of 2017. The Act, which was passed by Parliament in the first week of December 2017, incorporates the Model Law on International...more

Hogan Lovells

Referring certain disputes to arbitration with organs of state

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Parties often agree to arbitration as an alternative dispute resolution procedure for various reasons, including that it can be quicker and more effective than an ordinary court process. ...more

Hogan Lovells

New home for AFSA and CAJAC

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New home for the Arbitration Foundation of Southern Africa and the China-Africa Joint Arbitration Centre Johannesburg From 4 December 2017, the Arbitration Foundation of Southern Africa (AFSA) and the China-Africa Joint...more

Hogan Lovells

The new International Arbitration Bill

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At the recent Mandela Institute Seminar on International Arbitration, the Deputy Minister of Justice and Constitutional Development, the Honourable JH Jeffery, MP addressed the attendees on the benefits and challenges of...more

Hogan Lovells

NEC4 on the horizon - finally!

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The brand NEC4 Suite of Contracts will be made available at the NEC Users' Group Annual Seminar on 22 June 2017. This is a long-awaited update and development to the 12-year old NEC3 suite of contracts that are extensively...more

Hogan Lovells

For how long can an employee enforce an arbitration award

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We looked at this question in our article How long can a CCMA arbitration award be enforced against an employer. Since then the Constitutional Court has considered the question of the prescription of arbitration awards not...more

Hogan Lovells

Global Employment Law Update - April 2017

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In this edition of our Global Employment Law Update we look at the effects of the rapid growth of the "gig" economy across the jurisdictions. There have been significant case law and legislative responses, particularly on...more

Hogan Lovells

When does a disagreement become a dispute?

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Large construction projects provide significant scope for disputes of various types to arise between contractors and employers. An essential aspect to resolving the parties' disagreements, both in the course of executing the...more

Hogan Lovells

Are private dispute resolution agreements really binding?

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Parties often contract out of the CCMA or Labour Court as the forum that considers their dispute and opt for private arbitration. But, are these agreements really enforceable? This question again recently came before...more

Hogan Lovells

Update on CAJAC

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The China-Africa Joint Arbitration Centre (CAJAC) is a partnership between the Arbitration Foundation of Southern Africa (AFSA) and the Shanghai International Arbitration Centre (SHIAC). One of the main reasons for the...more

Hogan Lovells

The Draft International Arbitration Bill will be tabled in parliament soon

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The Justice and Constitutional Development Department published the draft bill's explanatory summary in Government Gazette 40687. The proposed legislation seeks to...more

Hogan Lovells

The new ICC Expedited Procedure Rules

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On 1 March 2017, the new International Chamber of Commerce Rules (ICC Rules) came into effect. One of the main changes to the Rules is the introduction of the Expedited Procedure for matters that satisfy the requirements set...more

Hogan Lovells

Arbitration Foundation of South Africa goes global

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The Arbitration Foundation of South Africa (AFSA) was founded in joint venture by organised business, with members of the legal and accounting professions in 1996. In its 21 years in operation, AFSA has successfully...more

Hogan Lovells

Can a dismissed employee be defamed in CCMA arbitration proceedings

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Does an employee who alleges that he was defamed by statements made during his disciplinary/CCMA process have a legal claim for defamation? Towards the latter part of 2016, the Eastern Cape High Court in Clover SA (Pty)...more

Carlton Fields

District Court Refuses To Bind Surety To Subcontract Arbitration Clause

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An engineering company was hired to perform work in connection with construction and renovation of the South African Embassy, and subcontracted for sheet metal work with a third party. The subcontract contained an arbitration...more

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