Legal remedy for contractors to enforce payment
In many instances, contractors put in all the work and comply with the terms of the agreement; however, they receive less or no payment. In the event that the contractor has performed in terms of the contract, but refused payment, there are legal grounds available to the contractors to pursue legal action and recover payment […]
Arbitration as a method of dispute resolution – Part 2
There are different forms of arbitration. PAA Ramsden enunciates there being consensual arbitration, statutory arbitration (such as the Labour Relations Act 66 of 1995), court-directed arbitration, ad hoc arbitration, institutional arbitration, documents-only arbitration, fast-track arbitration, ex parte arbitration, and multi-party arbitration. All these different forms, according to arbitration proponents, have their own advantages, especially when compared to litigation. In general, these advantages are: Speed/Saving Time Arbitration is usually quicker in bringing resolution to a dispute than litigation. The primary factors, in this case, being lengthy delays […]
Arbitration series – Part one: What is arbitration?
Arbitration is one of a few dispute resolution mechanisms which include conciliation (negotiation), mediation, and litigation. It is regulated by the Arbitration Act 47 of 1965 (“the Act”) as amended. The Act does not provide for a definition of arbitration. Butler and Finsen in their book, Arbitration in South Africa Law and Practice, provide the following definition of arbitration, stating that, “[a]rbitration is a procedure whereby the […]