An Analysis of Sectional Title Dispute Resolution in South Africa. (5th February 2021)

• Record Type: Journal Article
• Authors: Baboolal-Frank, Rashri
• Is Part Of: Journal of international dispute settlement. Volume 11:Number 4(2020)
• Page Start: 659
• Page End: 670
• Publication Date: 2021-02-05
• Subjects: Arbitration and award, International -- Periodicals; 347.09
• DOI: 10.1093/jnlids/idaa023
• Languages: English
• ISSNs: 2040-3585

Abstract

ABSTRACT: This article aims to explore alternative dispute resolution mechanisms, which are relevant to sectional titles schemes disputes. The alternative dispute resolution mechanisms will be discussed as an innovative trend to resolve disputes, especially in foreign jurisdictions. In South Africa there are challenges that confront South Africa because litigation is in many instances the cause of the break-down of relationships and may cause a rift and hinder development within a particular scheme. This article aims to address, on the one hand, particular pitfalls in sectional title scheme litigation, and on the other hand to address possible solutions through alternative dispute resolution mechanisms.