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ARBITRATORS

Arbitration is a proceeding in which a dispute is resolved by an impartial arbitrator whose decision the parties to the dispute have agreed, or legislation has decreed, will be final and binding.                              There are limited rights of review and appeal to arbitration awards.

Arbitrators are usually qualified professionals with experience in a specific field of knowledge relating to the dispute at hand.

EXPERT WITNESS MEMBERS ARE SHOWN WHEN ARBITRATORS SEARCH

ARBITRATORS

Arbitration is a proceeding in which a dispute is resolved by an impartial arbitrator whose decision the parties to the dispute have agreed, or legislation has decreed, will be final and binding. There are limited rights of review and appeal of arbitration awards.

Arbitrators are usually qualified professionals with experience in a specific field of knowledge relating to the dispute at hand.The term Arbitrator essentially means a judge, without invoking the legal term. An Arbitrator is a person who presides over a dispute and delivers an Award/Determination in conclusion of the process. Arbitration claims to be a quicker and more cost effective process than the traditional Court procedure. Arbitration is an Alternative Dispute Resolution (ADR) process designed to  keep a dispute from going to court. An Arbitrator’s award is as enforceable as a judgement by a competent Court of Law. An Arbitrator should preferably have substantial contextual knowledge of the subject matter as well as a working knowledge of the latest Law governing Arbitration (See Hyperlink below), as well as the relevant rules and procedures of the Organisation/Institution under whose auspices proceedings are conducted. Witnesses and Experts may be called in to testify. Parties in an Arbitration may or may not be assisted by Legal Representation depending on the Rules applicable to the procedure. An Arbitral Award is final except in extreme cases such as misconduct by the Arbitrator. Arbitration may also be conducted by a panel or tribunal. Arbitrators have wide powers to investigate and gather information including polygraph results and other investigative and validating  procedures to support its Award/Determination. Arbitration is the preferred form of ADR in a wide range of human activity such as Medical, Sports and the Built Environment. Arbitration is specifically useful in settling technical disputes.

The adjudication process is well-defined as described in this extract from the JBCC Adjudication Rules (Jan 2020):

Click HERE to download the Arbitration Act 4th April 1965

THE ESSENCE OF ARBITRATION

  • Confidentiality – Private but may become public through court intervention;
  • Formalities – Conducted in accordance with the agreed rules and is a formal process. Subject to legislation (e.g. Act 42 of 1965). Requires a formal written agreement to arbitrate;
  • Third party involvement and parties’ control – the Arbitrator controls the process using the Rules agreed to by the parties. May be subject to formal Rules embodied in the contract or proposed by the Arbitrator.  The Arbitrator is chosen by mutual agreement or, failing which, an independent third party;
  • Remedies – rights based determination of dispute.
  • Process – Adversarial process unless parties agree to inquisitorial process;
  • Communications – be addressed to both parties. Observance of the rules of natural justice;
  • Results – final and binding and enforceable by our Courts. Usually not subject to appeal.

THE ADVANTAGES OF ARBITRATION

Parties often seek to resolve their disputes through arbitration because of the potential advantages over the courts.

  • An Arbitrator can be nominated in an Agreement prior to the existence of a dispute.
  • Unlike in court, parties can select an arbitrator with an appropriate degree of practical experience.
  • Arbitration is often faster than litigation in court, and a time limit can be placed on the length of the process.
  • Arbitration can be cheaper and more flexible, more commercial and less formal than court.
  • Unlike court rulings, arbitration proceedings and arbitral awards are confidential.
  • Unlike in court, there are very limited avenues for appeal of an arbitral award, which limits the duration of the dispute and any associated liability.
  • Due to the provisions of the New York Convention 1958, arbitral awards are generally easier to enforce in other nations than court judgments.

THE ADVANTAGES OF ARBITRATION

Parties often seek to resolve their disputes through arbitration because of the potential advantages over the courts.

  • An Arbitrator can be nominated in an Agreement prior to the existence of a dispute.
  • Unlike in court, parties can select an arbitrator with an appropriate degree of practical experience.
  • Arbitration is often faster than litigation in court, and a time limit can be placed on the length of the process.
  • Arbitration can be cheaper and more flexible, more commercial and less formal than court.
  • Unlike court rulings, arbitration proceedings and arbitral awards are confidential.
  • Unlike in court, there are very limited avenues for appeal of an arbitral award, which limits the duration of the dispute and any associated liability.
  • Due to the provisions of the New York Convention 1958, arbitral awards are generally easier to enforce in other nations than court judgments.

SUBSCRIBE as an ARBITRATOR

  • Anyone, who classifies themselves as an ARBITRATOR as described above, is invited to register under this sector and to benefit from the discounted social and educational activities of The Experts Register.
  • Engagement with other members is easily facilitated by using online conference programs such as ZOOM, SKYPE, WhatsApp etc. thus eliminating the need to travel and its associated costs or the physical attendance of workshops and seminars.
  • Online systems such as ZOOM or SKYPE make live interaction with members and course presenters easily available to anyone with internet access.
  • Payment platforms such as PAYFAST facilitate easy and quick payments to access the services provided by our Members, Tutors and Lecturers who are associated with The Experts Register.
  • Arbitrators can supplement their income by providing their services at a Fee. There is a field in the application form where an indicative hourly rate must be entered. This rate will be displayed along with your proximity to enable Users to see if your profile meets their requirements. These filters are there to minimize unsuitable enquiries. It is only displayed when your profile meets with a User’s search criteria.
  • The indicative fee should be fair and valid for most engagements but may be amended upon further consultation with the User (Client).
  • Searches are made on a matching of Keywords contained in the description of your services, abilities and specialities. This text box is where you tell us what you are good at. Keywords which are not on the database will be added, subject to our filter for inappropriate content.
  • Arbitrators may promote their services on this system and once introduced, further engage with the Client, as usual, outside this system.

The subscription fee for this Reserved and Prestigious category of MEMBERSHIP is only ZAR R3,000 (±$200 US) per year. You could recover your membership fee many times over with your first consultation or appointment. (Even if you get only one appointment in 5 years!) You’ll benefit much more from the available discounts.

Register now at an Early Adopter’s discount : only ZAR R1 800 (±$120) for a  full year!

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