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Name of presenter: Paul Pretorius SC Title of Presentation: Private Arbitrations

SASLAW SEMINAR 12 FEBRUARY 2013. Name of presenter: Paul Pretorius SC Title of Presentation: Private Arbitrations. Private Arbitration. UASA v IMPALA PLATINUM GENERAL PRINCIPLES TERMS OF REFERENCE STANDARD OF REVIEW IN PRIVATE ARBITRATION PROPOSED AMENDMENTS TO THE LRA.

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Name of presenter: Paul Pretorius SC Title of Presentation: Private Arbitrations

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  1. SASLAW SEMINAR 12 FEBRUARY 2013 Name of presenter: Paul Pretorius SC Title of Presentation: Private Arbitrations

  2. Private Arbitration • UASA v IMPALA PLATINUM • GENERAL PRINCIPLES • TERMS OF REFERENCE • STANDARD OF REVIEW IN PRIVATE ARBITRATION • PROPOSED AMENDMENTS TO THE LRA Paul Pretorius SC | 12 February 2013

  3. Private Arbitration • UASA v IMPALA PLATINUM • UASA/IMPALA IN DISPUTE • PRE-ARBITRATION CONFERENCE • PLEADINGS EXCHANGED • THE ARBITRATOR • THE LABOUR COURT ON REVIEW (BASSON J.) • THE LABOUR APPEAL COURT • WHAT CAN BE TAKEN FROM THE LAC JUDGEMENT? Paul Pretorius SC | 12 February 2013

  4. Private Arbitration C. TERMS OF REFERENCE The dispute shall comprise those issues set out in the pleadings as may be amended from time to time by the arbitrator on application to him/her. (May not allow for tacit extension of terms of reference) Paul Pretorius SC | 12 February 2013

  5. Private Arbitration The arbitrator shall have the power to determine all disputes and differences between them arising out of and related to the cancellation of the Recognition Agreement by Impala on 1.1.00. Without limiting the generality of the powers above, the parties shall set out their respective contentions in pleadings as provided for below. (too wide?) Paul Pretorius SC | 12 February 2013

  6. Private Arbitration The parties agree to submit their dispute to arbitration in accordance with the provisions of the Arbitration Act and this agreement. The arbitrator shall have the power to determine: • The disputes as set out in the pleadings; • Any other matter relevant to or related to the said disputes; • Any other matter by agreement between the parties. Paul Pretorius SC | 12 February 2013

  7. Private Arbitration Other powers: Notwithstanding the provisions of this agreement in Clause X the arbitrator shall have the powers: 1. to grant any amendments to the pleadings on application to him/her; 2. to consider and determine any issues raised by such amendments. Paul Pretorius SC | 12 February 2013

  8. Private Arbitration Jurisdictional Questions: The arbitrator shall have the power to rule on his/her own jurisdiction. Paul Pretorius SC | 12 February 2013

  9. Private Arbitration Procedural Powers 1. Accordingly, it shall be entirely within the power and competence of the Arbitrator to decide upon any matters related to the proper preparation of the dispute for hearing and in that regard the Arbitrator will direct the Parties accordingly. 2. Should any matter of an interlocutory nature arise prior to or during the arbitration, the Arbitrator is directed to exercise his powers to determine the matter on a just, economical and expedited basis. Paul Pretorius SC | 12 February 2013

  10. Private Arbitration General The arbitrator may decide any further issues of fact or law which she/he, in his/her discretion, may deem necessary or appropriate. Paul Pretorius SC | 12 February 2013

  11. Private Arbitration (Alternative Wording) • The parties refer to expedited arbitration for final and binding resolution any and all claims arising out of or relevant to the said dispute. • Each party will set out its claims and defences in the pleadings as set out below. The pleadings will not serve to limit the jurisdiction of the arbitrator who is authorised to determine finally all outstanding matters relating to the dispute between the parties. (or all outstanding disputes between the parties) Paul Pretorius SC | 12 February 2013

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