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Arbitration and Cost: Why It May Not Be Suitable for Cost-Conscious Parties in South Africa
Arbitration is often seen as a cost-effective alternative to litigation. However, this perception does not always hold true, especially in the South African legal context. When financial constraints are a key concern, arbitration can impose significant burdens that undermine its viability as a dispute resolution mechanism. This article examines the financial challenges of arbitration in South Africa, using case law and statutory analysis to argue against its suitability where cost is an issue.