Arbitration as an Alternative Dispute Resolution Mechanism: How to Become A Private Jugdge / Mfalme Davis

Book Cover Arbitration as an Alternative Dispute Resolution Mechanism: How to Become A Private Jugdge
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ABOUT THE BOOK:
Arbitration is the process whereby the parties to a dispute agree to refer to the judgment and decision of a competent and respected neutral 'third party' otherwise known as as 'Arbitrator' rather than have their dispute resolved in an open court of law.
Arbitration consists of reference of a dispute to one or more independent persons for settlement, instead of instituting court proceedings. Thus, an arbitrator is a private judge with the same powers as the High Court when ordering specific performance of a contract (agreement).
The arbitration law implies that there can be no arbitration out of court without a formal agreement between the parties-- to refer the decision of the arbitrator whose decision is called 'Award'.
In this respect, therefore, all matters that might be settled by an action between litigants in a court of law may be referred to arbitration except purely criminal matters, bankruptcy proceedings and matters affecting status, such as dissolution of marriage which falls under the family law.
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