Resolve disputes through arbitration
of arbitration will govern the jurisdiction of the court, in the event of an appeal and the execution of the award.
Since leases/ licences of immovable property involve complicated questions and subtle nuances with regard to property law and rights of parties, it is vital that the arbitrator is someone who is knowledgeable in the field of property law and its circumambient issues. It goes without saying that the arbitrator must be one with the highest integrity, having the ability to remain unbiased. The parties, may, at the inception of the lease, choose not to name the arbitrator. The arbitration clause may only provide, that the parties shall, at the time of the dispute, mutually appoint an arbitrator. Refusal by either party to appoint an arbitrator, as per the arbitration clause, shall give a right to the other party to seek such appointment through the court.