Flashcards on Foundations of South African Law

Foundations of South African Law: A Student's Guide

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What is the main purpose of the Arbitration Act 42 of 1965 as stated in its long title?

To provide for the settlement of disputes by arbitration tribunals in terms of written arbitration agreements and for the enforcement of the awards of

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Arbitration

19 cards

Card 1

Question: What is the main purpose of the Arbitration Act 42 of 1965 as stated in its long title?

Answer: To provide for the settlement of disputes by arbitration tribunals in terms of written arbitration agreements and for the enforcement of the awards of

Card 2

Question: Where in a statute is the long title found and what does it indicate?

Answer: The long title appears at the head of a statute; it states the purpose of the Act, explains what the legislation is about, indicates relevant sections

Card 3

Question: How does the Act define an 'arbitration agreement'?

Answer: A written agreement providing for the reference to arbitration of any existing or future dispute relating to a matter specified in the agreement, whet

Card 4

Question: What does 'arbitration proceedings' mean under the Act?

Answer: Proceedings conducted by an arbitration tribunal for the settlement by arbitration of a dispute which has been referred to arbitration in terms of an

Card 5

Question: How is 'arbitration tribunal' defined in the Act?

Answer: The arbitrator, arbitrators or umpire acting as such under an arbitration agreement.

Card 6

Question: What does the term 'award' include according to the Act's definitions?

Answer: An award includes an interim award.

Card 7

Question: How does the Act define 'court'?

Answer: Any court of a provincial or local division of the Supreme Court of South Africa having jurisdiction.

Card 8

Question: Who is a 'party' in relation to an arbitration agreement or reference under the Act?

Answer: A party is a party to the agreement or reference, a successor in title or assign of such a party, and a representative recognized by law of such a par

Card 9

Question: Under s 14(1)(a)(i), what discovery powers can an arbitration tribunal exercise on application of a party?

Answer: It may require any party, subject to any legal objection, to make discovery of documents by way of affidavit or by answering interrogatories on oath a

Card 10

Question: What pleadings-related powers does an arbitration tribunal have under s 14(1)(a)(ii)?

Answer: It may require the parties to deliver pleadings or statements of claim and defence, require any party to give particulars of claim or counterclaim, an