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In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2024-2025 – South Africa

by , , and 7 Mins Read

A. LEGISLATION AND RULES A.1 Legislation International arbitration in South Africa remains under the jurisdiction of the International Arbitration Act, 15 of 2017 (IAA), which integrates the UNCITRAL Model Law. Domestic arbitrations are regulated by the Arbitration Act, 42 of 1965 (“Arbitration Act”), which is yet to be modernized despite persistent calls for reform. A.2 Institutions, rules and infrastructure The Arbitration Foundation of Southern Africa (AFSA), the region’s leading arbitration institution, has strengthened its position…

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In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2021-2022 – South Africa

by 13 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 (“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 International Investment

Protection of foreign investments in South Africa

by 5 Mins Read

Overview In recent years, South Africa has reviewed its BITs on the basis that it believed that the BITs were too restrictive and outdated. As a result, South Africa has, since 2012, terminated its BITs with many European countries, including Denmark, Spain, Belgium, Luxembourg, Switzerland and the Netherlands.[1] This led to the promulgation of the Protection of Investment Act in 2015 (“the Act”), which came into effect on 13 July 2018. Purpose and application of…

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In Middle East - Africa

South Africa’s new International Arbitration Act No. 15 of 2017

by 2 Mins Read

After a long wait, the South African International Arbitration Act No. 15 of 2017 sailed through the legislature in November and was assented to by the South African President on 20 December 2017. It is available here (GG 41347 of 20 December 2017). As the Act does not state that it will commence on a date to be set by the President, it has commenced, subject to the transitional provisions (s 20), staggered dates for…

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