Matrimonial disputes such as divorce, judicial separation, restitution of conjugal rights and child custody. Winding up and insolvency. Matters of testamentary like grant of probate, letters of administration and succession of certificates. Disputes regarding trust deeds involving trust, trustees and beneficiaries.
An orderly presentation of one's own witnesses, with an outline of the case at hand to make certain that every point is made in the right order, and perhaps a summary of the case presented to the arbitrator in typewritten form to make doubly certain that nothing is forgotten when the time comes to write the decision, ...
Consumers are more likely to win in arbitration than in court. This research from ndp | analytics demonstrates that in disputes initiated by a consumer, consumers fare much better in arbitration than they do in litigation.
Disputes that cannot be resolved through arbitration. Criminal offences. Matrimonial disputes. Guardianship matters. Insolvency petitions. Testamentary suits. Trust disputes. Labour and industrial disputes. Tenancy and eviction matters governed by rent control statutes.
You both put your case to an independent person called an arbitrator. The arbitrator listens to both sides, looks at the evidence you've sent in and decides what the outcome should be. In some cases, the arbitrator may choose to have several meetings with you both.
The types of disputes subject to arbitration These may include disputes concerning the interpretation of the contract, the validity of the contract, or a party's breach of the contract as well as non-contractual disputes, such as those relating to negligence or misrepresentation.
In the final award the arbitral tribunal shall decide which of the parties shall bear the costs of the arbitration fixed by the Court or in what proportion they shall be borne by the parties.
--(1) Where any industrial dispute exists or is apprehended and the employer and the workmen agree to refer the dispute to arbitration, they may, at any time before the dispute has been referred under section 10 to a Labour Court or Tribunal or National Tribunal, by a written agreement, refer the dispute to arbitration ...
To the Registrar at the Regional Office of the CCMA. This should be the same office, which conducted the conciliation. If an accredited council or agency is to arbitrate the dispute, the request for arbitration must be sent to their offices. If in doubt, contact the CCMA for help.
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.