Confidentiality and privacy in arbitration proceedings

The South African International Arbitration Act 15 of 2017, provides for confidentiality of arbitration proceedings. In contrast thereto, the domestic Arbitration Act 42 of 1965, contains no reference to the […]

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Default awards in arbitration proceedings

The provision for a default award in arbitration proceedings, is contained in s 15(2) of the Arbitration Act 42 of 1965. This section provides for the arbitration tribunal to proceed […]

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Fast Low-Cost Arbitration

By Judge Ezra Goldstein The arbitration agreement reads: ‘The parties appoint A as arbitrator to decide the dispute arising out of the sale of X’s property in Waverley, Johannesburg to […]

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Arbitration and governing law clauses: An analysis of whether subsequent agreements replaced or rendered clauses inoperative

In the recent Supreme Court of Appeal (SCA) case of Tee Que Trading Services (Pty) Ltd v Oracle Corporation South Africa (Pty) Ltd and Another (SCA) (unreported case no 065/2021, […]

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