This is an application in terms of s 166 of the Companies Act 71 of 2008 (‘the Companies Act’). In terms of s 166 (2) of the Companies Act if the Companies Tribunal in respect of matters referred for alternative resolute resolution concludes that either party to the conciliation, mediation or arbitration is not participating in that process in good faith or that there is no reasonable probability of the parties resolving their dispute to that process, the Companies Tribunal must issue a certificate in prescribed form stating that the process has failed.
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