Arbitration

Adherence to an arbitration clause in a contract is paramount

The law of South Africa affords parties the freedom to enter into a contract and to choose who they wish to enter into a contract with. The general requirements for a legally enforceable contract are consensus, capacity, certain mandatory formalities and legality. In exercising their freedom of contract, the parties to a contract are permitted to conclude an arbitration agreement [...]

By | 2nd October, 2020|Arbitration, Commercial Law, Contract Law, Dispute resolution, PPM Attorneys|

SHOULD YOU INCLUDE AN ARBITRATION CLAUSE IN YOUR CONTRACTS?

“Any dispute arising from or in connection with this Contract shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation.” Many contracts or agreements contain this clause, which makes it necessary for a matter be resolved through arbitration rather than be litigated in a court.  Regrettably, these [...]

By | 19th March, 2019|Arbitration, Commercial Law, Contract Law, PPM Attorneys|