Update 19.10.2018
Arbitration and Conciliation Act (26 of 1996), S.11(5) - Appointment of arbitrator - Cl. 15 of agreement states that the disputes should be settled through consultation and if the consultation fails by treatment of to the arbitration body for arbitration or the court - "15. Dispute handling : Common processing contract disputes, the parties should be settled through consultation; consultation fails by treatment of to the arbitration body for arbitration or the court" – Intention of the parties, as it flows from the clause, is that efforts have to be made to settle the disputes in an amicable manner and, therefore, two options are available, either to go for arbitration or for litigation in a court of law - Thus, there is an option and the petitioner has invoked the arbitration clause - Matter referred to arbitration. (2018)2 SCeJ 1503
Arbitration and Conciliation Act (26 of 1996), S.11(5) - Appointment of arbitrator - Cl. 15 of agreement states that the disputes should be settled through consultation and if the consultation fails by treatment of to the arbitration body for arbitration or the court - "15. Dispute handling : Common processing contract disputes, the parties should be settled through consultation; consultation fails by treatment of to the arbitration body for arbitration or the court" – Intention of the parties, as it flows from the clause, is that efforts have to be made to settle the disputes in an amicable manner and, therefore, two options are available, either to go for arbitration or for litigation in a court of law - Thus, there is an option and the petitioner has invoked the arbitration clause - Matter referred to arbitration. (2018)2 SCeJ 1503