“… instead of seeing alternative dispute resolution as the enemy, it could be integrated into the civil justice system to take some of the burden off the courts — as was done in the UK. … the issue of precedent can be overcome through publishing arbitration awards with the parties’ consent, something that has been done in SA in the context of labour law, with good results”.
In International commercial arbitration is good for business, published in Business Day last week, Franny Rabkin quotes the opinions of two leading Johannesburg lawyers, John Brand and Des Williams.
“… SA’s failure to adopt the United Nations Commission on International Trade Law model law to govern the procedural aspects of arbitration” means that many international companies do not want to arbitrate in SA.
“The model law provides a standard procedural framework for arbitration. Many countries have adopted the model law. It has the advantage of neutrality and everyone knowing what they are getting into”.
“Despite a recommendation in 1998 by the South African Law Reform Commission that SA adopt the model law, this has not happened yet”.