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Arbitration Submission Agreement

Arbitration Submission Agreement Template for South Africa

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Key Requirements PROMPT example:

Arbitration Submission Agreement

"I need an Arbitration Submission Agreement under South African law for a construction dispute between my company and a subcontractor, with a single arbitrator and expedited procedure for a hearing to be held by March 2025."

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Document background
The Arbitration Submission Agreement is a critical document used when parties have an existing dispute and mutually agree to resolve it through arbitration rather than court litigation. Unlike arbitration clauses in commercial contracts that anticipate future disputes, this agreement is drafted after a dispute has already arisen. The document must comply with South African arbitration law, including the Arbitration Act 42 of 1965 and, where applicable, the International Arbitration Act 15 of 2017. It typically includes detailed provisions about the specific dispute, the chosen arbitration procedure, appointment of arbitrators, and the binding nature of the arbitral award. This type of agreement is particularly valuable in the South African context where parties seek to resolve disputes efficiently while avoiding the potentially lengthy and public nature of court proceedings.
Suggested Sections

1. Parties: Identification and details of all parties to the arbitration agreement

2. Background: Description of the dispute that has arisen and the parties' agreement to submit to arbitration

3. Definitions: Definitions of key terms used throughout the agreement

4. Submission to Arbitration: Formal agreement to submit the specified dispute to arbitration and statement of the matters to be determined

5. Appointment of Arbitrator(s): Process for appointing the arbitrator(s) or named arbitrator(s) if already agreed

6. Arbitration Procedure: Core procedural rules governing the conduct of the arbitration

7. Venue and Language: Specification of the seat of arbitration and language of proceedings

8. Governing Law: Law governing the arbitration agreement and the substantive dispute

9. Costs: Provisions regarding the allocation of arbitration costs and legal fees

10. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings

11. Final and Binding Nature: Confirmation that the award will be final and binding

12. Signing and Execution: Execution provisions and signature blocks

Optional Sections

1. Interim Measures: Provisions regarding interim relief and emergency measures, used when there's a possibility of requiring urgent interim protection

2. Multi-Party Provisions: Special provisions for arbitrations involving more than two parties

3. Document Disclosure: Detailed provisions regarding document production and disclosure, used in complex disputes

4. Expert Determination: Provisions for appointment and role of expert witnesses, used when technical expertise is required

5. Appeals: Provisions for appeals process if parties wish to include this option

6. Mediation Step: Requirement for attempted mediation before proceeding to arbitration, if parties wish to include this step

7. Split Clauses: Provisions giving one or both parties options to pursue certain claims in court, used when complete arbitration may not be suitable for all aspects

Suggested Schedules

1. Schedule A - Dispute Description: Detailed description of the dispute including relevant facts, claims, and relief sought

2. Schedule B - Arbitration Rules: Specific arbitration rules being incorporated (e.g., AFSA, ICC, or custom rules)

3. Schedule C - Arbitrator Requirements: Detailed requirements for arbitrator qualifications and experience

4. Schedule D - Timetable: Proposed timetable for the arbitration proceedings

5. Schedule E - Documents: List of key documents relevant to the dispute

6. Appendix 1 - Power of Attorney: If required, powers of attorney for representatives signing the agreement

7. Appendix 2 - Supporting Documents: Key contracts or documents that form the basis of the dispute

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Construction

Mining

Financial Services

Manufacturing

Technology

Real Estate

Energy

Telecommunications

Professional Services

Retail

Healthcare

Agriculture

Transportation

Infrastructure

Relevant Teams

Legal

Commercial

Executive Leadership

Risk and Compliance

Operations

Project Management

Contract Administration

Corporate Secretariat

Business Development

Finance

Relevant Roles

Legal Counsel

Commercial Director

Chief Executive Officer

Chief Financial Officer

Contract Manager

Risk Manager

Compliance Officer

Operations Director

Project Manager

Business Development Manager

General Manager

Company Secretary

Chief Legal Officer

Dispute Resolution Manager

Commercial Manager

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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