The origin of arbitration law in South Africa

This 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 a... Mehr ...

Verfasser: Rantsane, Ditaba Petrus
Dokumenttyp: Artikel
Erscheinungsdatum: 2020
Verlag/Hrsg.: North West University
Faculty of Law
Schlagwörter: Arbitration / Alternative dispute resolution / Attestatio / Award / Merchants / Craftsman / Compromissium / Praetor / Infamia / Litigation / Roman law / Roman-Dutch law / Common law / Arbitration agreements / Arbitration clause / English law / Party autonomy / Judicial intervention / Makgotla / Street committees / People's courts / Community courts / Kersluiden
Sprache: Englisch
Permalink: https://search.fid-benelux.de/Record/base-27452251
Datenquelle: BASE; Originalkatalog
Powered By: BASE
Link(s) : http://hdl.handle.net/2263/82245

This 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. ; The contribution is based on my LLD-thesis titled "Consumer Arbitration in South Africa and its Effect on the Consumer's Right to Redress and Enforcement" completed in 2017 at the University of Pretoria, South Africa under the supervision of Professors Jacolien Barnard and Monray Botha. (http://hdl.handle.net/2263/67886) ; http://www.nwu.ac.za/p-per/index.html ; am2021 ; Mercantile Law