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dc.contributor.authorRantsane, Ditaba P.
dc.date.accessioned2022-02-22T13:50:38Z
dc.date.available2022-02-22T13:50:38Z
dc.date.issued2020
dc.identifier.citationRantsane, D.P. 2020. The origin of arbitration law in South Africa. Potchefstroomse elektroniese regsblad = Potchefstroom electronic law journal, 2019(22):1-27 [http://dx.doi.org/10.17159/1727- 3781/2020/v23i0a8963]en_US
dc.identifier.issn1727-3781
dc.identifier.urihttp://hdl.handle.net/10394/38489
dc.identifier.urihttp://dx.doi.org/10.17159/1727- 3781/2020/v23i0a8963
dc.description.abstractThis article seeks to trace the historical origin of arbitration as it is currently practised in South Africa. The resort to alternative dispute resolution methods has existed since time immemorial. The practice of arbitration was identified in the Bible when it was practised by King Solomon. South African traditional communities practised arbitration before the arrival of Western nations in South Africa, who brought with them their norms and practices. The community entrusted the responsibility of resolving disputes amicably to the headman, the Chief or the King. The practice of traditional alternative disputes resolution was disrupted by colonialism, which introduced Roman-Dutch law and subsequently English law influences. The aim of the parties under both Roman-Dutch law and English law was to steer their disputes away from courtrooms with their rigid rules and procedures. Hence the resort to arbitration. Through the passage of time, the parties lost respect for arbitration. Judicial intervention became a necessary tool to enforce the agreement to arbitrate or the subsequent award. A concern was raised in some quarters regarding the South African arbitration legislation that stagnated in 1965 when it was enacted. The sophisticated legal system and the impartial and independent judiciary, provided a strong support to arbitration and its autonomy. The firm judicial support did not detract from the necessity for a complete overhaul of the arbitration prescript, which might position South Africa as the hub of commercial arbitration in Africa and globally. The enactment of the International Arbitration Act, 2017 marked a great milestone towards achieving that goal. Arbitration is embedded in the fabric of South African commercial dispute resolution.en_US
dc.language.isoenen_US
dc.publisherPER/PELJen_US
dc.subjectArbitrationen_US
dc.subjectAlternative dispute resolutionen_US
dc.subjectAttestatioen_US
dc.subjectAwarden_US
dc.subjectMerchantsen_US
dc.subjectCraftsmanen_US
dc.subjectCompromissiumen_US
dc.subjectPraetoren_US
dc.subjectInfamiaen_US
dc.subjectLitigationen_US
dc.subjectRoman lawen_US
dc.subjectRoman-Dutch lawen_US
dc.subjectCommon lawen_US
dc.subjectArbitration agreementsen_US
dc.subjectArbitration clauseen_US
dc.subjectEnglish lawen_US
dc.subjectParty autonomyen_US
dc.subjectJudicial interventionen_US
dc.subjectMakgotlaen_US
dc.subjectStreet committeesen_US
dc.subjectPeople's courtsen_US
dc.subjectCommunity courtsen_US
dc.subjectKersluidenen_US
dc.titleThe origin of arbitration law in South Africaen_US
dc.typeArticleen_US


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