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Non Arbitration Agreement

Non Arbitration Agreement Template for South Africa

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Key Requirements PROMPT example:

Non Arbitration Agreement

"I need a Non-Arbitration Agreement for a South African manufacturing company and its suppliers, specifically excluding arbitration for all future disputes while including a mandatory mediation step before court proceedings can be initiated."

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Document background
The Non-Arbitration Agreement is utilized when parties specifically wish to exclude arbitration from their dispute resolution options under South African law. This document becomes particularly relevant in situations where parties prefer the transparency of court proceedings, want to establish legal precedents, or seek to benefit from the formal procedures and appeals process available in the court system. It typically includes detailed provisions about court jurisdiction, dispute resolution procedures, and cost allocation. The agreement ensures compliance with South African legislation, including the Constitution, the Arbitration Act 42 of 1965, and relevant common law principles. It's commonly used in commercial relationships where parties want certainty about their dispute resolution forum and prefer the established framework of the South African judicial system over private arbitration proceedings.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including their full legal names, registration numbers (if applicable), and physical addresses

2. Background: Provides context for the agreement, including any existing relationships between the parties and the reason for excluding arbitration

3. Definitions: Defines key terms used throughout the agreement to ensure clarity and prevent misinterpretation

4. Scope of Agreement: Clearly defines which matters and relationships between the parties are covered by the non-arbitration agreement

5. Exclusion of Arbitration: Explicit statement that the parties agree to exclude arbitration as a dispute resolution mechanism

6. Court Jurisdiction: Specifies which courts will have jurisdiction over disputes between the parties

7. Dispute Resolution Process: Details the agreed-upon process for resolving disputes, including any preliminary steps before court proceedings

8. Governing Law: Confirms South African law as the governing law of the agreement

9. Costs: Addresses how legal costs and court fees will be handled in the event of disputes

10. Duration: Specifies how long the agreement will remain in effect

11. General Provisions: Standard contractual provisions including entire agreement, variation, and severability clauses

Optional Sections

1. Existing Agreements: Required when there are existing agreements between the parties that contain arbitration clauses that need to be addressed

2. Mediation Provisions: Optional section when parties wish to include mediation as a preliminary step before court proceedings

3. Specific Excluded Matters: Used when certain matters need to be specifically excluded from the scope of the non-arbitration agreement

4. Emergency Relief: Include when parties want to preserve their right to seek urgent court relief

5. International Aspects: Required when the agreement involves international parties or cross-border elements

Suggested Schedules

1. Schedule A - Dispute Resolution Procedures: Detailed step-by-step procedures for resolving disputes, including timeframes and requirements

2. Schedule B - Excluded Agreements: List of any existing agreements between the parties that are specifically excluded from this non-arbitration agreement

3. Schedule C - Court Jurisdictions: Detailed information about specific courts that will have jurisdiction, particularly relevant for multi-jurisdictional matters

4. Appendix 1 - Contact Details: Contact information for key personnel involved in the dispute resolution process

5. Appendix 2 - Notice Requirements: Specific requirements and formats for serving legal notices under the agreement

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
Relevant legal definitions
























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Relevant Industries

Legal Services

Financial Services

Manufacturing

Construction

Real Estate

Technology

Healthcare

Education

Retail

Professional Services

Mining

Telecommunications

Energy

Transportation

Agriculture

Relevant Teams

Legal

Compliance

Risk Management

Corporate Affairs

Business Development

Operations

Commercial

Procurement

Executive Leadership

Contract Management

Corporate Governance

Relevant Roles

Legal Counsel

Contract Manager

Chief Legal Officer

Risk Manager

Compliance Officer

Business Development Manager

Commercial Director

Chief Executive Officer

Chief Financial Officer

Operations Manager

Project Manager

Company Secretary

General Counsel

Corporate Affairs Director

Procurement 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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