Arbitration is a legitimate and constitutionally permissible form of dispute resolution. An arbitrator is an independent person appointed by agreement between disputing parties to settle a dispute independent of the courts. The parties are usually jointly responsible for the arbitrator's remuneration.

The process of arbitration allows for domestic and international disputes and is mostly governed by the Arbitration Act, 1965, the International Arbitration Act, 2017 and the common law.