- Flynote
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Arbitration – who decides whether the parties consented to refer a
dispute to arbitration when there is a dispute of fact as to their consent – separability
and competence-competence – the discretion of the high court to adjudicate the
question of the existence of an arbitration agreement – the requirements for the
application of a robust approach to adjudicate disputes of facts not met
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Cited documents 18
Judgment 16
Legislation 2
1. | Constitution of the Republic of South Africa, 1996 | 3452 citations |
2. | Superior Courts Act, 2013 | 1476 citations |