FREQUENTLY ASKED QUESTIONS

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The Arbitrator can be appointed in one of three ways:

  1. By the Parties in Dispute who is acceptable/nominated by both Parties.This could be specifically agreed as to an individual or could also allow for an alternative should the first arbitrator not be available. The appointments are usually based on their experience in the field of potential dispute, their ability to be unbiased and their availability to hear the dispute should it arise. Alternatives could also include options 2 or 3 below on the non-availability of the initial appointee.Arbitrators are usually nominated at the time of entering a contract between parties (such as the JBCC Suite of documents).
  2. By a third Party stipulated in the agreement (contract)on request of either party, such as from an appropriate Professional or Business Institution( i.e. : Association of Arbitrators SA or Master Builders Association).
  3. By appointment of the Courts where no agreement has been made or the nominated is deceased incapacitated or refuses to act, this appointment through the courts can be done in terms of Section 12 of the Arbitration Act. Application can be made by either party.

(Ref: 23/3/2014 – Arbitration Act (S1-Definitions) Act 42, 1965, SS 9-13 – Arbitrators & Umpires)

With reference to authority, how do we go about appointing an Arbitrator?

The Arbitrator can be appointed in one of three ways:

  1. By the Parties in Dispute who is acceptable/nominated by both Parties.This could be specifically agreed as to an individual or could also allow for an alternative should the first arbitrator not be available. The appointments are usually based on their experience in the field of potential dispute, their ability to be unbiased and their availability to hear the dispute should it arise. Alternatives could also include options 2 or 3 below on the non-availability of the initial appointee.Arbitrators are usually nominated at the time of entering a contract between parties (such as the JBCC Suite of documents).
  2. By a third Party stipulated in the agreement (contract)on request of either party, such as from an appropriate Professional or Business Institution( i.e. : Association of Arbitrators SA or Master Builders Association).
  3. By appointment of the Courts where no agreement has been made or the nominated is deceased incapacitated or refuses to act, this appointment through the courts can be done in terms of Section 12 of the Arbitration Act. Application can be made by either party.

(Ref: 23/3/2014 – Arbitration Act (S1-Definitions) Act 42, 1965, SS 9-13 – Arbitrators & Umpires)

Is there any difference between a Valuation/Certification and Arbitration?

The essential difference between arbitration on the one hand and valuation or certification on the other is that an arbitrator is appointed to resolve a dispute and he does so by hearing both parties in a judicial manner and reaching a decision based on the evidence. In the case of valuation or certification, however, there need not necessarily be a dispute. Often valuation or certification is an arrangement made to avoid a dispute arising.
A certifier or valuer is required to make his assessment on the basis of his own knowledge and expertise. He is not obliged to hear the parties and he is free to make whatever enquiries he wishes to enable him to reach a conclusion. He is chosen for his expertise and obliged to use it to the full.
Consequently, if he is negligent in carrying out his mandate he would be liable to one or other of the parties for any loss or damages that may be suffered by such party.
An arbitrator on the other hand is generally held not to be liable to the parties for negligence.

Do I need Planning Permission?

As a general rule, you will need plans or planning permission for all building work except minor alterations inside your home that do not involve structural work. Check this first with your local authority as each area has different requirements. A phone call or personal visit to your local authority at the outset can save you a lot of problems later on. Where any special structural design is involved, you may also require the services of a structural engineer. Please allow for municipal submissions in your budget.