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In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2023-2024 – South Africa

by 8 Mins Read

A. LEGISLATION AND RULES A.1 Legislation International arbitration in South Africa continues to be governed by the International Arbitration Act, 15 of 2017 (“IAA”), which incorporates the UNCITRAL Model Law. Domestic arbitrations in South Africa continue to be governed by the Arbitration Act, 42 of 1965 (“Arbitration Act”). A.2 Institutions, rules and infrastructure The Arbitration Foundation of Southern Africa (“AFSA”) and the Association of Arbitrators, Southern Africa, remain the primary domestic arbitration organizations used to…

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In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2020-2021 – South Africa

by 12 Mins Read

SOUTH AFRICA A. LEGISLATION AND RULES A.1       Legislation International arbitration in South Africa continues to be governed by the International Arbitration Act, 15 of 2017 (“IA Act”), to which no legislative amendments have been made. Domestic arbitrations in South Africa continue to be governed by the Arbitration Act, 42 of 1965 (“Arbitration Act”), to which no legislative amendments have been made. A.2       Institutions, rules and infrastructure The Arbitration Foundation of Southern Africa (AFSA) and the…

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In Middle East - Africa

Foreign Arbitral Award ceasing to exist following a Compromise or Settlement by the parties – Did the Johannesburg High Court get it wrong?

by 7 Mins Read

Does a foreign arbitral award “cease to exist” when a compromise of the award is made an order of the Court at the seat of arbitration? In Government of the United Republic of Tanzania v Hermanus Philippus Steyn (28994/2019) [2019] ZAGPJHC 312 (4 September 2019); 2019 JDR 1690 (GJ), a Judge of the Johannesburg High Court in South Africa held exactly that. In short, the South African Court, on appeal, set aside a prior South…

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In Applicable Law

The International Arbitration Bill: South Africa as a preferred Arbitration Venue on the Horizon?

by 10 Mins Read

As the world becomes more globalized and as ongoing international investment interest and economic growth across Africa continues unabated, a sound international arbitration framework can assist business. It can provide international and local businesses in Africa with a comfortingly familiar process, that, if managed properly, can provide private, effective and cost effective dispute resolution for those venturing into new markets or growing in existing markets. A reason for international arbitration’s increasing popularity in Africa may…

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