The Tribunal for Commercial Property in full swing

We can now report that a number of disputes from Commercial Lease Agreements are being referred to the Tribunal, putting the gears of the Tribunal into motion, with most of the disputes revolving around outstanding rental and associated damages.  Referring Attorneys are eager to apply the rules and are surprised by the simplicity of the process, the time periods for the appointment of Arbitrators and the service of documents but to name a few.

Judge Willem van der Merwe (retired) has in each matter, selected Arbitrators from the Tribunal’s pool of Arbitrators, all of whom completed the Commercial Arbitration Course presented by the University of Pretoria.  In his selection, the seniority of the selected Arbitrator combined with the complexity of the dispute, the amount involved and other relevant factors played a role.

We also received enquiries from various parties relating to disputes in terms of their lease agreements however we were unable to assist them as the referral provisions were not inserted in such agreements.  The Arbitration clauses available at can be downloaded in Microsoft Word ™ for incorporation in lease agreements or as annexures to unsigned agreements or as addendums to lease agreements already signed.  Parties wishing to refer disputes to the Tribunal can also do so by mutual agreement.

We remind you that the aim of the Tribunal remains:

  • The resolution of disputes resulting from lease agreements (Retail, Commercial and Industrial), with the focus that time is of the essence in the resolution of disputes.
  • Any arbitration process to take place under supervision of the Tribunal and Judge Willem van der Merwe.
  • Cost Awards are granted in the amount of costs and no taxation is required which essentially excludes any waiting periods.

Kindly contact us on email for more information or any questions relating to referrals.