The Forced Arbitration Agreement is a critical legal document used in South Africa when parties wish to establish arbitration as their mandatory dispute reΊμΠΣΦ±²₯ mechanism. This type of agreement is commonly implemented in employment contracts, commercial relationships, and consumer agreements where parties seek to avoid traditional court proceedings. The document must comply with South African legislation, particularly the Arbitration Act 42 of 1965, while respecting constitutional rights and consumer protection laws. It typically includes detailed provisions about the arbitration process, appointment of arbitrators, cost allocation, and procedural rules. The agreement is particularly valuable for businesses seeking to manage dispute reΊμΠΣΦ±²₯ costs and timelines effectively while maintaining confidentiality.
Your data doesn't train Genie's AI
You keep IP ownershipΒ of your information
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
OR
Let ΊμΠΣΦ±²₯'s market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
1. Parties: Identification and details of all parties entering into the arbitration agreement
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Agreement to Arbitrate: Core provision establishing the mutual agreement to submit disputes to arbitration
5. Scope of Arbitration: Detailed description of which disputes are covered by the arbitration agreement
6. Arbitration Rules and Procedures: The rules governing the arbitration process, including the appointment of arbitrators
7. Place and Language of Arbitration: Specification of the venue and language in which arbitration will be conducted
8. Costs and Fees: Allocation of arbitration costs and fees between parties
9. Confidentiality: Provisions regarding the confidentiality of the arbitration proceedings
10. Governing Law: Specification of South African law as the governing law
11. Severability: Provision ensuring remainder of agreement stays in effect if any part is found invalid
12. Entire Agreement: Confirmation that this document represents the complete agreement regarding arbitration
1. Multi-Party Provisions: Additional provisions for cases involving more than two parties
2. Emergency Arbitrator Provisions: Procedures for urgent interim relief before the arbitration tribunal is constituted
3. Expert Determination: Provisions for technical matters to be referred to expert determination
4. Mediation-First Requirement: Requirement to attempt mediation before proceeding to arbitration
5. International Elements: Additional provisions for cross-border disputes
6. Class Action Waiver: Explicit prohibition of class action arbitrations
7. Technology and Virtual Hearings: Provisions for conducting arbitration through virtual means
1. Schedule A - Arbitration Rules: Detailed procedural rules for conducting the arbitration
2. Schedule B - Fee Schedule: Detailed breakdown of arbitration fees and costs
3. Schedule C - Notice Form: Template for initiating arbitration proceedings
4. Schedule D - Arbitrator Selection Process: Detailed procedure for selecting arbitrators
5. Appendix 1 - Approved Arbitration Institutions: List of approved institutions that may administer the arbitration
6. Appendix 2 - Code of Ethics: Ethical guidelines for arbitrators and parties during the process
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Retail
Technology
Manufacturing
Professional Services
Healthcare
Construction
Telecommunications
Education
Mining
Insurance
Real Estate
Transportation
Agriculture
Energy
Relevant Teams
Legal
Human Resources
Compliance
Risk Management
Operations
Executive Leadership
Procurement
Corporate Affairs
Employee Relations
Commercial
Relevant Roles
Legal Counsel
HR Director
Compliance Officer
Contract Manager
Risk Manager
Chief Legal Officer
Employment Relations Manager
Business Development Manager
Operations Director
Chief Executive Officer
Human Resources Manager
Corporate Secretary
Procurement Manager
General Counsel
Chief Operations Officer
Find the exact document you need
Private Arbitration Agreement
A South African law-governed agreement establishing private arbitration as the chosen method of dispute reΊμΠΣΦ±²₯ between parties.
find out more
Oral Arbitration Agreement
A framework document for oral arbitration agreements under South African law, outlining terms for dispute reΊμΠΣΦ±²₯ through arbitration.
find out more
Non Arbitration Agreement
A South African law-governed agreement that explicitly excludes arbitration as a dispute reΊμΠΣΦ±²₯ method, establishing court litigation as the primary means of resolving disputes between parties.
find out more
Employee Arbitration Agreement
A South African law-compliant agreement establishing binding arbitration procedures for resolving employment-related disputes between employer and employee.
find out more
Company Arbitration Agreement
A South African law-governed agreement establishing binding arbitration procedures for resolving commercial disputes outside of courts.
find out more
Binding Arbitration Agreement
A South African law-governed agreement establishing binding arbitration as the method for resolving disputes between parties.
find out more
Bank Arbitration Agreement
A South African law-governed agreement establishing arbitration procedures for resolving disputes between banks and their customers.
find out more
Arbitration Submission Agreement
A South African law-governed agreement between parties to submit an existing dispute to binding arbitration.
find out more
Arbitration Settlement Agreement
A legally binding agreement under South African law that documents the settlement terms reached between parties in an arbitration proceeding, including implementation and enforcement provisions.
find out more
Arbitration Rental Agreement
A South African rental agreement incorporating mandatory arbitration provisions for dispute reΊμΠΣΦ±²₯, compliant with local property and arbitration laws.
find out more
Mutual Arbitration Agreement
A South African law-governed agreement establishing binding arbitration as the method for resolving disputes between parties.
find out more
Forced Arbitration Agreement
A South African law-compliant agreement mandating arbitration as the exclusive method for dispute reΊμΠΣΦ±²₯ between parties.
find out more
Arbitration And Mediation Agreement
A South African law-governed agreement establishing procedures for resolving disputes through mediation and arbitration processes.
find out more
³±π²ΤΎ±±πβs Security Promise
Genie is the safest place to draft. Hereβs how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; ³±π²ΤΎ±±πβs AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)