An arbitrator has no power to fix the scope of the arbitrator’s jurisdiction. Jurisdiction must be fixed by the terms of reference of the arbitration. Its scope must be objectively ascertainable in advance of the arbitration.
An arbitrator cannot make a decision conferring jurisdiction on the arbitrator that is not possessed in law. That is
There is no reason why foreign companies and individuals should not arbitrate their disputes in South Africa according to South African law. The South African courts will encourage the selection of South Africa as a venue for international arbitrations.
Where a dispute “arising out of” the relationship between the parties is subject to arbitration, the