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Consumer arbitration in South Africa and its effect on the consumer's right to redress and enforcement
Thesis (LLD)--University of Pretoria, 2017.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2018
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| _version_ | 1867613492122484736 |
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| access_status_str | Open Access |
| author2 | Barnard, Jacolien |
| author_browse | Barnard, Jacolien |
| author_facet | Barnard, Jacolien |
| collection | Thesis |
| dc_rights_str_mv | © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (LLD)--University of Pretoria, 2017. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/67886 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:00.236Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2018 |
| publishDateRange | 2018 |
| publishDateSort | 2018 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/67886 Consumer arbitration in South Africa and its effect on the consumer's right to redress and enforcement Barnard, Jacolien drantsane@gmail.com Botha, Monray Marsellus Rantsane, Ditaba Petrus Unrestricted UCTD Thesis (LLD)--University of Pretoria, 2017. The thesis entitled ―Consumer arbitration in South Africa and its effect on the consumer‘s right to redress and enforcement ‖ notes with concern the outdated and inadequate nature of the Arbitration law currently applied in South Africa. The fact that the Act was enacted in 1965 and has never been amended highlights the desperate need to review the prevailing arbitration law with a view to aligning it with the current needs of the business world. The thesis addresses the concern that consumers are not adequately protected by the current arbitration law and thus substantially develops the discourse on the topic of arbitration in situations of unequal bargaining power. It raises three primary research questions in this context. The first question reads thus, if private arbitration is properly conducted should it still provide the parties with the envisaged benefits? Secondly, is private arbitration constitutional, especially as it impacts upon consumers‘ contracting with large corporations? Thirdly, is the private arbitration process as it is currently applied, constitutional as far as it denies parties an appeal on merits against an award that is clearly wrong? The thesis attempts to answer these questions and offer recommendations for the South African Law Reform Commission (SALRC) within the specific context of commercial arbitration. In addressing these research questions, the thesis incorporates a brief overview followed by a detailed discussion of the Arbitration law framework in South Africa and abroad. The discussion of arbitration abroad is done in order to identify best practices, which could be adapted to suit the South African environment. International Arbitration law receives attention and a few observations regarding how selected foreign jurisdictions treat arbitration. Finally, the thesis explores the possibility of establishing an independent institution that will be fully equipped to handle arbitration proceedings from inception to completion. Mercantile Law LLD Unrestricted 2018-12-05T08:05:48Z 2018-12-05T08:05:48Z 2009/06/18 2017 Thesis Rantsane, DP 2017, Consumer arbitration in South Africa and its effect on the consumer's right to redress and enforcement, LLD Thesis, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/67886> S2018 http://hdl.handle.net/2263/67886 en © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | Unrestricted UCTD Consumer arbitration in South Africa and its effect on the consumer's right to redress and enforcement |
| title | Consumer arbitration in South Africa and its effect on the consumer's right to redress and enforcement |
| title_full | Consumer arbitration in South Africa and its effect on the consumer's right to redress and enforcement |
| title_fullStr | Consumer arbitration in South Africa and its effect on the consumer's right to redress and enforcement |
| title_full_unstemmed | Consumer arbitration in South Africa and its effect on the consumer's right to redress and enforcement |
| title_short | Consumer arbitration in South Africa and its effect on the consumer's right to redress and enforcement |
| title_sort | consumer arbitration in south africa and its effect on the consumer s right to redress and enforcement |
| topic | Unrestricted UCTD |
| url | http://hdl.handle.net/2263/67886 |