The Impact of the South African Constitution on Domestic and International Arbitrations

At the invitation of the Bharati Vadyapeeth New Law College, Pune, India, Adv. Tiry explores “The Impact of the South African Constitution on Domestic and International Arbitrations”.  

Much ado is made of Constitutional Court 2009 decision in Lutendo Mphaphuli and Associates (Pty) Ltd v Andrews and another at the instance of the ADR Oracle. We thank the Global Initiative for ADR Awareness, Madhyasthta ADR Cell, established by the Bharati Vidyapeeth New Law College, Pune, India for inviting our SABWiL Founder and CEO, Adv. Ayesha Tiry to address aspiring arbitrators on “The impact of the South African Constitution on domestic and international arbitration”. 

In this dispute resolution discourse, Adv. Tiry engages with South African constitutional values (section 1 of Act 108 of 1996), access to courts (section 34 of the Constitution) and private arbitrations from the purview of the 2009 Constitutional Court (CC) decision of Lutendo Mphaphuli. This judgment is readily accessible on SAFLII at URL : http://www.saflii.org/za/cases/ZACC/2… 

Join the discourse about a way forward other than litigation, streaming on SABWiL YouTube here.