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Companies Act, 2008 (Act No. 71 of 2008)

Chapter 7 : Remedies and Enforcement

Part C : Resolution of disputes

166. Alternative dispute resolution

 

(1) As an alternative to applying for relief to a court, or filing a complaint with the Commission in terms of Part D, a person who would be entitled to apply for relief, or file a complaint in terms of this Act, may refer a matter that could be the subject of such an application or complaint for resolution by mediation, conciliation or arbitration to the Companies Tribunal.

[Section 166(1) substituted by section 19(a) of the Companies Amendment Act 16 of 2024, Notice No 5082, GG50991, dated 30 July 2024]

 

(2) If the Companies Tribunal, to whom a matter is referred for mediation or conciliation, concludes that either party to the conciliation or mediation is not participating in that process in good faith, or that there is no reasonable probability of the parties resolving their dispute through that process, the Companies Tribunal must issue a certificate of non-resolution in the prescribed form.

[Section 166(2) substituted by section 19(b) of the Companies Amendment Act 16 of 2024, Notice No 5082, GG50991, dated 30 July 2024]

 

(2A)
(a) Where the Companies Tribunal has issued a certificate of non-resolution stating that the mediation or conciliation process in terms of this Act has failed, the affected person may refer the matter further to the Companies Tribunal for arbitration.
(b) A party who wants to object to the arbitration also being conducted by a member of the Companies Tribunal who had attempted to resolve the matter through mediation or conciliation may do so by filing an objection in that regard with the Companies Tribunal.
(c) When the Companies Tribunal receives an objection it must appoint another member to substitute the member in terms of whom the objection was filed.
(d) In the event of arbitration, the arbitrator’s award is final and binding on the parties.

[Section 166(2A) inserted by section 19(c) of the Companies Amendment Act 16 of 2024, Notice No 5082, GG50991, dated 30 July 2024]

 

(3) [Section 166(3) deleted by section 19(d) of the Companies Amendment Act 16 of 2024, Notice No 5082, GG50991, dated 30 July 2024]

 

(4) [Section 166(4) deleted by section 19(d) of the Companies Amendment Act 16 of 2024, Notice No 5082, GG50991, dated 30 July 2024]

 

(5) [Section 166(5) deleted by section 19(d) of the Companies Amendment Act 16 of 2024, Notice No 5082, GG50991, dated 30 July 2024]