Resolving Arbitration Related Disputes In The Public Interest - New Directive Accelerates Resolution Of Arbitration Disputes

For too long, disputes which are subject to an arbitration clause have added to the growing burden on the courts. These range from challenges against an agreement to arbitrate, the procedure followed by the arbitrator and too often, an appeal disguised as a review.

A recent directive issued by the Gauteng Commercial Court on 6 October 2025 is set to change this. The directive streamlines procedures for matters arising from arbitration agreements—ranging from challenges over an arbitrator's jurisdiction to disputes regarding the enforcement of arbitral awards.

Because the Arbitration process is, by its very nature, premised on the achievement of expeditious outcomes, it is deemed to be in the public interest that courts support the fulfilment of that aspiration.

Enhanced Efficiency and Reduced Costs:
The directive emphasizes the need for a swift adjudication process in arbitration matters, by focusing on expedited case management. In particular, it mandates the early assignment of a judicial case manager and sets clear timelines for filing evidence and documents (if deemed appropriate). As a result, parties can expect a reduction in procedural delays in their arbitration related matters.This guidance ensures that litigation costs are minimized while the path to resolution is clearly mapped out. Importantly, this directive should immediately reduce the number of arbitration related cases before the court and will act as a deterrent to parties seeking to delay the enforcement of arbitration awards and benefit from the extensive delays previously experienced at court.

Simplified and Targeted Disclosure Process:
Although this is usually the case in application proceeding, the directive's approach of relying on evidence statements rather than extensive discovery procedures ensures a targeted process which not only shortens the pre-trial phase, but also facilitates an environment where disputes are resolved without the cumbersome burden of comprehensive discovery.

Support for Expedited Resolutions:
Recognizing the inherent public interest in the efficient handling of arbitration disputes, the directive encourages the use of expedited hearings, ensuring that cases are managed appropriately and with the urgency they warrant. Clients in commercial disputes can now expect a more dynamic and responsive legal process.

Strengthened Confidence in the Judicial System:
By streamlining procedures and setting a clear framework for how arbitration disputes are treated, the directive reinforces the credibility of both South African arbitral practice and the broader judicial system. Clients can have increased confidence knowing that their disputes are being treated with an emphasis on speed and legal acuity.

In summary, the new directive introduces a series of important benefits for clients engaged in arbitrations or facing disputes that relate to arbitration agreements, which end up in court. From enhanced efficiency and reduced litigation costs to more focused evidence gathering and expedited hearings, the Gauteng Commercial Court is making a concerted effort to align its dispute resolution processes with modern commercial needs.

For clients navigating arbitration disputes, this development provides not only clarity on procedural requirements but also a tangible promise of quicker, fairer outcomes.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.