WE CREATE A FRAMEWORK FOR THE EFFECTIVE, FAIR AND JUST RESOLUTION OF DISPUTES RELATING TO COMMERCIAL LEASES.

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THE TRIBUNAL FOR COMMERCIAL PROPERTY: LEASE ARBITRATION

A tribunal designed and facilitated by RESOLVE AFRICA (PTY) Limited (www.resolveafrica.co.za)

 

Accredited in terms of the rules of the General Council of the Bar of South Africa, the Tribunal focuses on disputes
emanating from Agreements of Lease, in an effective, fair and just manner.

Fairness is achieved by introducing countermeasures for “procedural injustice” experienced in Civil Courts where matters are postponed and/or delayed to the extent that any outcome becomes theoretical, alternatively, the parties effectively run out of “funds” to pay legal costs.

This is achieved by the Tribunal as follows:

Full Disclosure

All information in support of a claim must be presented at the outset being the relevant facts, witness statements (factual and expert) and all relevant documents. There is therefore no “cloak and dagger” approach which could lead to surprises and delays. The rationale is for each party to know exactly what case to meet at the outset;

Cost Effective

Although legal costs should be carefully managed in any matter we are of the opinion that the Tribunal will be more cost effective and economical in the long term. – the effectiveness will deter unnecessary litigation; – matters proceeding will be processed effectively; – strategic decisions can be planned around a more predicable process; – unjustified or unmerited “settlements” due to the threat of cost and time delays will be reduced;

Inquisitorial Arbitrators

The Arbitrator will have the ability to ask questions on an inquisitorial basis and also request the leading of evidence and call for documents out of his or her own accord. This will be a catalyst for the parties to break from the traditional approach of “playing” for an audience;

Cost Awards

In line with the Arbitrations Act the Arbitrator may fix or award the costs. The Rules make provision for this process to be taken away from the taxing master of the High Court and the Arbitrator will make an award in the amount of costs after the parties presented their bills of costs to the Arbitrator for adjudication. The Arbitrator may request the parties to agree on the amount of costs upfront alternatively he/she may make use of the services of a cost consultant in this regard. This will curtail a long delay in the recovery of costs. The award on the merits is separated from the award on costs.

FREQUENTLY ASKED QUESTION

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WHAT ARE THE REQUIREMENTS FOR A REFERRAL OF A DISPUTE TO THE TRIBUNAL?

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The Tribunal is a private initiative for the resolution of commercial lease (excluding residential leases) disputes by prior written agreement between the parties and should not be confused with the operation of the Rental Housing Tribunal being a statutory body requiring no prior agreement.

The Arbitration or Dispute Resolution clauses (which can be downloaded here) must be part of the Lease Agreement, either when it is signed or in a later Addendum thereto. Referral to the Tribunal may also take place at a later stage should an Arbitration Agreement (which can be downloaded here) be concluded in writing between the referring parties.
The agreements referred to above, give the Tribunal jurisdiction to appoint arbitrators to hear disputes.

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WHO ARE THE PROPRIETORS OF THE TCP?

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The Proprietors are Gideon Pretorius, an admitted attorney specialising in property law and two Counsels being Advocate Chris Erasmus (SC) and Ben Ridgard from the Pretoria and Johannesburg Bars respectively. The independent Custodian of the TCP is Judge Willem van der Merwe.

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WHO ARE THE ARBITRATORS AND HOW WERE THEY SELECTED?

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The Arbitrators are 27 selected practicing Counsel from the Johannesburg, Pretoria, Durban and Cape Town Bars.This selection was personally done by Judge Willem van der Merwe.

VIEW ALL
Condolences – Judge Willem van der Merwe

Condolences – Judge Willem van der Merwe

The Tribunal for Commercial Property extends its deepest sympathy with the untimely passing of Judge Willem van der Merwe, one of the custodians of the Tribunal who was also involved in selecting our panel of Arbitrators. All the best to his family and friends who...

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3 month turnaround from Referral to Award

3 month turnaround from Referral to Award

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...

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The Tribunal for Commercial Property in full swing

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...

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