Alternative dispute resolution or the voluntary resolution of disputes refers to conciliation, mediation or arbitration. A person may refer a matter for resolution by mediation, conciliation or arbitration as an alternative to going to court. The Tribunal serves as a facilitator in the resolution of disputes between the parties. The success of ADR process depends on the parties reaching a mutually beneficial agreement. The Tribunal’s services are free. The issue of costs for either party depends on the agreement by parties.
If in the course of an alternative dispute resolution either party fails to participate in the process in good faith, or if the Companies Tribunal finds that there is no reasonable probability of the parties resolving their disputes through that process, then the Companies Tribunal must issue a certificate in the prescribed form stating that the process has failed. If on the other hand the dispute resolution is successful, an order may be issued and parties may submit it to court to be confirmed as a consent order.
CTR132.3 - Certificate of Failed Alternative Dispute Resolution
This form is issued in terms of section 166 of the Companies Act, 2008, and Regulation 132 of the Companies Regulations, 2011. This Application must be filed and served on each respondent within 5 business days after it is filed.
CTR132.2 – Referral for Alternative Dispute Resolution
This form is issued in terms of section 166 of the Companies Act, 2008, and Regulation 132 of the Companies Regulations, 2011. This Application must be filed and served on each respondent within 5 business days after it is filed.
CTR132.1 – Application for Alternative Dispute Resolution
This form is issued in terms of section 166 of the Companies Act, 2008, and Regulation 132 of the Companies Regulations, 2011. This Application must be filed and served on each respondent within 5 business days after it is filed.
CTR 160 – Summons to appear before Companies Tribunal
This form is issued in terms of section 180 of the Companies Act, 2008, and Regulation 160 of the Companies Regulations, 2011. It is an offense in terms of section 215 of the Companies Act to refuse to attend when summoned, or when attending, to refuse to answer any question or produce any document, or to knowingly provide false information to the Tribunal.
CTR 151 – Notice of hearing before Companies Tribunal
This form is issued in terms of section 180 to 184 of the Companies Act, 2008, and Regulation 151 of the Companies Regulations, 2011. Hearings of the Companies Tribunal are governed by Sections 180 to 184 of the Companies Act, and Chapter 7 Part D of the Companies Regulations.
CTR 148 – Notice of Withdrawal or Postponement
This form is issued in terms of section 180 to 184 of the Companies Act, 2008, and Regulation 148 of the Companies Regulations, 2011. This form must be served on each party to the proceedings, and must be filed with proof of service. Hearings of the Companies Tribunal are governed by Sections 180 to 184 of the Companies Act, and Chapter 7 Part D of the Companies Regulations.
CTR 147 – Application for Condonation
This form is issued in terms of section 180 to 184 of the Companies Act, 2008, and Regulation 147 of the Companies Regulations, 2011. Hearings of the Companies Tribunal are governed by Sections 180 to 184 of the Companies Act, and Chapter 7 Part D of the Companies Regulations.
CTR 145 – Notice of Motion
This form is issued in terms of section 180 to 184 of the Companies Act, 2008, and Regulation 145 of the Companies Regulations, 2011. Hearings of the Companies Tribunal are governed by Sections 180 to 184 of the Companies Act, and Chapter 7 Part D of the Companies Regulations.
CTR 142 – Application for Relief
This form is issued in terms of section 180 to 184 of the Companies Act, 2008, and Regulation 145 of the Companies Regulations, 2011. Hearings of the Companies Tribunal are governed by Sections 180 to 184 of the Companies Act, and Chapter 7 Part D of the Companies Regulations.
CTR 140 – Compliant Referral
This form is issued in terms of section 170 of the Companies Act, 2008, and Regulation 140 (3) of the Companies Regulations, 2011. Hearings of the Companies Tribunal are governed by Sections 180 to 184 of the Companies Act, and Chapter 7 Part D of the Companies Regulations.
Case Management System User Manual
The User Manual contains all essential information to guide the user about how to use the Case Management System.
The Tribunal has jurisdiction to consider and hear matters relating to:
- Company and defensive names reservation or registration disputes;
- Amendments to memorandum of incorporation;
- Review Compliance orders of the Companies and Intellectual Property Commission (CIPC);
- Review Notices by the CIPC in respect of the appointment of a company secretary, auditor or audit committee;
- Exemptions relating to the appointment of a social and ethics committee;
- Exemptions from the applicable provision of the Act on the basis of related and inter-related persons, and control relationships;
- Anti-avoidance exemptions and substantial compliance of the Act;
- Extension of Annual General Meetings (AGM);
- Application to hold AGM;
- Removal of a director;
- Company disputes arising from the Act may be referred to the Tribunal for mediation, conciliation and arbitration.
The Companies Tribunal presents and publishes these ADR guidelines are aimed at simplifying the process of applying for ADR.
