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The Commission for Conciliation, Mediation and Arbitration (CCMA) is an independent tribunal which adjudicates labour disputes in South Africa. It was established in November 1996 in terms of Section 112 of the Labour Relations Act, 1995 , which in turn implements the labour rights provided for in section 23 of the Constitution of South Africa .
Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution.Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a third party (i.e., the arbitrator) for resolution.
Methods of dispute resolution include: lawsuits (litigation) (legislative) [5]; arbitration; collaborative law; mediation; conciliation; negotiation; facilitation; avoidance; One could theoretically include violence or even war as part of this spectrum, but dispute resolution practitioners do not usually do so; violence rarely ends disputes effectively, and indeed, often only escalates them.
Kylie v CCMA; Court: Labour Appeal Court of South Africa: Full case name: Kylie v Commission for Conciliation Mediation and Arbitration and Others : Decided: 26 May 2010: Docket nos. CA 10/08: Citations [2010] ZALAC 8; 2010 (4) SA 383 (LAC); 2010 (10) BCLR 1029 (LAC); (2010) 31 ILJ 1600 (LAC); [2010] 7 BLLR 705 (LAC) Case history; Prior actions
In contract law, a forum selection clause (sometimes called a dispute resolution clause, choice of court clause, governing law clause, jurisdiction clause or an arbitration clause, depending upon its form) in a contract with a conflict of laws element allows the parties to agree that any disputes relating to that contract will be resolved in a specific forum.
The contract regarding which the dispute exists, must either contain an arbitration clause or must refer to a separate document signed by the parties containing the arbitration agreement. The existence of an arbitration agreement can also be inferred by written correspondence such as letters, telex, or telegrams which provide a record of an ...
an arbitration agreement is valid, whether the tribunal has been properly constituted under applicable law, and; what matters are to be determined by the arbitration under the agreement. The doctrine, although European in origin, has been recognised at common law, [13] and has now been widely codified into national law. [14]
The ICSID Convention and ICSID Arbitration Rules are the most commonly-used arbitration rules for the settlement of investment disputes. The Algiers Declaration of 1981 established the Iran-US Claims Tribunal to adjudicate claims of American corporations and individuals in relation to expropriated property during the Islamic revolution in Iran ...
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