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In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2022-2023 – South Africa

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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”), 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…

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In Middle East - Africa

New Draft AFSA International Arbitration Rules Published

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In December 2017, South Africa’s International Arbitration Act (“IA Act”) came into operation. The IA Act incorporated the UNCITRAL Model Law and was intended to bring South Africa’s international arbitration laws in line with international standards. Arising out of the promulgation of the IA Act, the Arbitration Foundation of Southern Africa (“AFSA”), being the leading arbitral institute in South Africa, has experienced a significant increase in its international caseload. Consequently, AFSA decided to review and…

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In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2019-2020 – South Africa

by 8 Mins Read

THE REPUBLIC OF 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, to which no legislative amendments have been made. A.2 Institutions, Rules and Infrastructure The Arbitration Foundation of Southern Africa (AFSA) and…

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In Arbitration Procedure

South Africa: The Lawyer / Expert Interface – Getting Infrastructure Disputes Right

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This is a series of tips and best practice in working with party-appointed experts presented by Baker McKenzie in Johannesburg Complex infrastructure disputes often turn on the strength of expert evidence. Carefully managed experts win cases. And carefully considered expert evidence is equally a powerful driver of settlement. However, without adequate guidance, and a clear idea of the legal framework into which their evidence feeds, even the most seasoned expert may come unstuck under cross…

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