One of the main pillars for the Tribunal for Commercial Property was the objective to effective and fast dispute resolution relating to Commercial Leases.
A recent arbitration was finalised within a period of 12 weeks (three months) from the date of appointment of the arbitrator to the date of the final award.
The average time for the appointment of arbitrators by the Tribunal has been 72 hours from the date the arbitration fees were secured. All unopposed arbitrations were disposed of within a few weeks.
Retired Judge Willem van der Merwe remarked:
“The initiative was never intended to duplicate existing litigation forums such as Civil Courts or general Arbitration Tribunals, but rather to create an unique arena for effective dispute resolution between landlord and tenant in the commercial environment. I am confident that this was achieved in the most recent referral.”
Chris Erasmus (SC) also stated:
“I have been involved over many years with arbitrations and I am well aware of the frustration caused by delays and the effect thereof on the availability of witnesses, the morale of the parties, costs and ultimately a compromise of justice. We were at all times confident that the framework created by the Tribunal, through the rules and the availability of arbitrators, would allow for the 3 month turnaround as the norm. I express my thanks to the arbitrator involved for ensuring that this was maintained.”
We create a framework for the effective, fair and just resolution of disputes relating to commercial leases.