Volume XVI: Civil Procedure | Chapter 12 (1996): Arbitration

Completed in December 1994

Pieter Sanders

1. Scope of chapter. – Arbitration as dealt with in this chapter refers to the settlement of disputes by private persons. This is only a first indication of what should be understood by arbitration. However, it indicates that arbitration is to be distinguished from court proceedings by the fact that the dispute is decided by private persons and not by officially appointed judges.

The history of arbitration will not be dealt with in this chapter, although it may be noted …