Arbitration Attorneys for Private Commercial Disputes
Private adjudication under an agreed or appointed tribunal.
Arbitration is private adjudication in which an agreed or appointed tribunal determines a dispute under the arbitration agreement and applicable rules. We advise on jurisdiction, procedure, evidence, hearings and awards within our confirmed scope.
Overview
Start With the Arbitration
Agreement and Jurisdiction
Do not assume every dispute falls within a broad arbitration clause.
We review the written clause or agreement, the parties, the scope of disputes it covers, any conditions before arbitration, the seat, applicable rules, institution, tribunal appointment mechanism, governing law and any court-relief provisions before advising on the route forward.
For the broader service overview, visit our Dispute Resolution page.
Classifying the Arbitration
Domestic, International, Institutional or Ad Hoc
Domestic vs International
Which Statutory Framework Applies?
Domestic arbitrations generally engage the Arbitration Act 42 of 1965, while qualifying international commercial arbitrations engage the International Arbitration Act 15 of 2017 and its incorporated Model Law framework. Classification requires legal assessment.
Institutional vs Ad Hoc
Who Administers the Process?
Institutional arbitration uses an institution's rules and administration, while ad hoc arbitration relies on the parties' agreement and selected rules. We do not endorse an institution without confirmed experience or a commercial reason.
Choosing the Tribunal
Tribunal Selection
Selection considers:
Independence and conflict disclosures
Relevant expertise
Availability
Number of arbitrators
Appointment mechanism
Cost
We clarify whether the firm acts as counsel or supplies arbitrators — these roles are never mixed in the same dispute.
Our Process
How an Arbitration
Typically Proceeds
Notice & Jurisdiction
We review the notice, request and jurisdiction basis.
Tribunal Appointment
We confirm the tribunal and preliminary meeting timetable.
Statements of Case
We prepare the statements of case and defence.
Documents & Evidence
We manage document production, experts and witnesses.
Hearing
We prepare for a hearing or a documents-only determination.
Award & Enforcement
We address the award, costs, interest and enforcement.
The agreement and applicable rules determine the exact procedure — we do not promise informality.
Protecting the Position
Interim Relief and Evidence
Urgent Steps
Interim and Urgent Relief
Tribunal or court relief may be available depending on the agreement, constitution of the tribunal, applicable statute and urgency. We advise before approaching any forum.
Proof
Evidence and Experts
Document preservation, electronic records, witness statements, expert independence, hearing bundles and confidentiality all matter — arbitration does not eliminate evidential discipline.
Not Absolute
Confidentiality in Arbitration
Private proceedings are not necessarily confidential in every respect. Agreement, rules, law, court applications and enforcement steps may all affect what is disclosed and to whom.
After the Hearing
Award, Enforcement and Costs
The Award
Award and Enforcement
An award is intended to be binding, subject to applicable challenge, review and enforcement law. It may require court recognition or enforcement steps — appeal rights are not identical to court litigation.
Budgeting
Costs and Timing
Tribunal, institution, venue, transcription, counsel and expert costs can be substantial, and complexity and procedure affect timing — arbitration is not always faster or cheaper than court.
Why Sarah Alison Attorneys
Disciplined Strategy for
Private Adjudication
Clause Analysis
The arbitration agreement reviewed before any step is taken.
Jurisdiction Strategy
Classification and forum questions resolved early.
Procedure Management
Disciplined case management against the agreed rules.
Enforcement Planning
The path to a recognised, enforceable award kept in view.
FAQ
Arbitration FAQs
Is arbitration binding?
An arbitral award is intended to be binding, subject to applicable challenge, review and enforcement law.
Do I need an arbitration clause?
Generally, arbitration requires a valid arbitration agreement or other lawful basis — it is not automatically available for every dispute.
Who selects the arbitrator?
The appointment mechanism is usually set out in the arbitration agreement or applicable institutional rules.
Is arbitration confidential?
Often, but not absolutely. Confidentiality depends on the agreement, rules, law and any court applications or enforcement steps.
Can court relief be sought?
Yes, in appropriate circumstances, depending on the agreement, constitution of the tribunal, applicable statute and urgency.
Can an award be appealed?
Appeal rights are not identical to court litigation. Challenge or review options depend on the applicable Act and the agreement.
How is an award enforced?
An award may require court recognition or enforcement steps under the applicable legal framework.
Is arbitration cheaper?
Not always. Tribunal, institution, venue, transcription, counsel and expert costs can be substantial depending on complexity.
What is the seat?
The seat is the legal place of the arbitration, which affects the applicable procedural law and the courts with supervisory jurisdiction.
Can arbitration be virtual?
Often yes, subject to the agreement, applicable rules and the tribunal's directions.
Get in Touch
Request an Arbitration Assessment
Provide all parties, the arbitration clause or agreement, any notices, the institution or rules, the seat, tribunal status, current timetable, deadlines and value.