Autonomy and Due Process in Arbitration: Recalibrating the Balance

Abstract

This article considers the legislative framework and the law reform proposals that have gone unimplemented in South African arbitration law. Recent developments in the jurisprudence are discussed and the implications of the cases are mapped out. International trends in the European Union are also noted. Specific mention is made of relevant law reforms in Swiss law, as these are particularly instructive on the inter-relationship of the compétence-compétence, waiver and res judicata doctrines.