Alternative Dispute Resolution

- The arbitration process is usually less formal than litigation - litigation processes allow for right of appeal of a decision, whereas with arbitration proceedings there is no right of appeal if a party to arbitration is not happy with the award - in litigation, the costs of the proceedings are borne by the State, whereas with arbitration it is the parties to arbitration themselves who bear the costs of the proceedings, and this includes, the venue, the arbitrator's fee and any other incidental costs - arbitration proceedings allow for an expert, rapid and publicity-free proceedings as compared to court proceedings, but its finality discourages parties from having recourse to it

Difference between arbitration and litigation

- Voluntary - Flexible - Consensual - Interest based - Informal

Common characteristics of ADR processes

- when a member of the arbitration tribunal has misconducted himself in relation to his duties as arbitrator or umpire - When the arbitration tribunal has committed a gross irregularity in the conduct of the arbitration proceedings - When the arbitration tribunal has exceeded its powers - When an award was improperly obtained

Setting aside of an award

Powers of the court in relation to arbitration agreements

- A court may at any time time on application by any party to an arbitration agreement, on good cause shown, set aside an arbitration agreement - a court may order that any matter/dispute referred to in the arbitration agreement, may not be referred to arbitration - or it may order that an arbitration agreement may cease to have effect with reference to any matter referred to arbitration