What is arbitration?

The Arbitration Act 42 of 1965 defines an arbitration agreement as a ‘written agreement providing for the reference to arbitration of any existing dispute or any future dispute relating to a matter specified in the agreement’.

Arbitration is an alternative to litigation. When a dispute arises, the parties agree to submit their dispute to an arbitrator. The arbitrator will then decide the outcome of the dispute.

The Arbitration processes

Arbitration and Construction

Construction Arbitration is effective to solve disputes between parties to a construction contract such as contractors, project managers and employers. Referring matters to arbitration is highly recommended as it is seen as a proactive step in reducing cost and time to resolve disputes.

In the majority of standard form construction contracts (including FIDIC, NEC and JBCC), arbitration is the prescribed final method of dispute resolution and contains prescribed arbitration provisions.

Characteristics of Construction Arbitration

  1. The process of arbitration is confidential and as such parties to the arbitration process do not have to be concerned about damage to their reputation, whereas in litigation, the court proceedings are public.
  2. The parties to the dispute must agree to the arbitration process thus the process is
  3. The decision made by the arbitrator is final and binding.

Why choose us?

Chiba Attorneys has extensive experience in arbitration proceedings, providing high-quality legal representation in complex construction disputes. The team of attorney’s have over 20 years’ combined experience in the construction industry and we are armed to deal with both complex and sophisticated arbitration matters. We have a proven track record in representing high profile clients, where we have proved our dedication, efficiency and excellence in representing our client’s interest.