The following matters shall be excluded from arbitration under this Agreement: (i) any disputes involving third Persons; (ii) breach of confidentiality by either Party; and (iii) intellectual property claims, whether initiated by third Persons or by one of the Parties to this Agreement.
Matrimonial disputes such as divorce, judicial separation, restitution of conjugal rights and child custody. Winding up and insolvency. Matters of testamentary like grant of probate, letters of administration and succession of certificates. Disputes regarding trust deeds involving trust, trustees and beneficiaries.
1 of Act 49 of 1996. A reference to arbitration shall not be permissible in respect of- (a) any matrimonial cause or any matter incidental to any such cause; or (b) any matter relating to status.
Arbitration does not require the use of court rules or procedures and is viewed as a simplified private court proceeding. Each side will present their case to the arbitrator who will then decide the issue. Once the matter is decided the case is over and in most cases the court will enforce the arbitrators decision.
There are typically seven stages of the arbitration process: Claimant Files a Claim. Respondent Submits Answer. Parties Select Arbitrators. Parties Attend Initial Prehearing Conference. Parties Exchange Discovery. Parties Attend Hearings. Arbitrators Deliberate and Render Award.
Insolvency proceedings are subject to a statutory regime under the Insolvency Act 1996 and are therefore not capable of arbitration. Criminal matters and family law issues are also not arbitrable.
Disputes that cannot be resolved through arbitration. Criminal offences. Matrimonial disputes. Guardianship matters. Insolvency petitions. Testamentary suits. Trust disputes. Labour and industrial disputes. Tenancy and eviction matters governed by rent control statutes.
--(1) Where any industrial dispute exists or is apprehended and the employer and the workmen agree to refer the dispute to arbitration, they may, at any time before the dispute has been referred under section 10 to a Labour Court or Tribunal or National Tribunal, by a written agreement, refer the dispute to arbitration ...