Industry Developments
Mediation ito the Companies ActDecember 21, 2014 - 5:20 amSection 166 of the Companies Act No. 71 of 2008 provides for alternative dispute resolution. Specifically subsection 166(1) of the Act states that as an alternative to applying for relief to a court, or filing a complaint with the Commission a person who would be entitled to apply for relief, or file a complaint in terms […]
- Environmental Conflict ManagementDecember 21, 2014 - 5:20 am
The National Environmental Management Act [“Nema”], Chapter 4, provides for alternative dispute resolution in respect of environmental disputes. Section 21 of NEMA authorities the establishment of a Panel of persons to render facilitation, conciliation and mediation services: Appointment of panel and remuneration (2) The Minister may create a panel or panels of persons from which appointment […]
- Court Annexed MediationDecember 21, 2014 - 5:15 am
The Rules for Court Annexed Mediation The Department of Justice & Constitutional Development has published amendments to the Magistrate’s Court Rules which will see voluntary court annexed mediation being brought into some of South Africa’s lower Courts on a pilot basis. The Rules for Court Annexed Mediation Though welcoming this development, DiSAC has expressed some […]
- New Arbitration Legislation for South AfricaDecember 21, 2014 - 5:13 am
International Arbitration South Africa does not have an international arbitration regime that meets the standards set by the UNCITRAL Model Law. This is a serious impairment to South Africa’s ability to be the seat of international arbitration. In 1998 the SA Law Review Commission published recommendations and a draft Bill to address this serious problem. […]
Development of Standards
- Qualification and Practice Standards for ArbitratorsDecember 21, 2014 - 7:11 am
DiSAC is currently working on finalizing qualification and practice standards for Arbitrators. Once these have been adopted, DiSAC will be in a position to also accredit arbitrators. A first draft of these standards are currently being considered by DiSAC and its constituent members, and will soon be published for general consideration and comment. We look forward to […]
- Revising the DiSAC Operational FrameworkDecember 21, 2014 - 5:19 am
DiSAC is currently constituted in accordance with the DiSAC Operational Framework. For practical and historical reasons DiSAC was commenced as a collaboration between the various mediation and arbitration service providers in South Africa: Historical – Prior to DiSAC the service providers were the only bodies that were actively setting qualification and practice standards in South […]