Cons: Limited Appeal Options: One of the most significant downsides of arbitration is that it offers very limited options for appeal. Potentially Less Oversight: The informal nature of the arbitration process could lead to less regulatory oversight, making it crucial to choose a reputable arbitrator.
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 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.
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.
Compulsory Arbitration is a mandatory program for disputes valued under $50,000. A court-appointed arbitrator reviews the case to decide a just resolution and award.
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.
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.
Consumers are more likely to win in arbitration than in court. This research from ndp | analytics demonstrates that in disputes initiated by a consumer, consumers fare much better in arbitration than they do in litigation.