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ARTICLE · 21 NOVEMBER 2019

International Arbitration Comparative Guide

Herbert Smith Freehills Kramer LLP
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International Arbitration Comparative Guide for the jurisdiction of South Africa, check out our comparative guides section to compare across multiple countries

South AfricaLitigation, Mediation & Arbitration
Jonathan Ripley-Evans
Jonathan Ripley-Evans

1 Legal framework

1.1 What is the relevant legislation on arbitration in your jurisdiction? Are there any significant limitations on the scope of the statutory regime – for example, does it govern oral arbitration agreements?

International arbitration is governed by the International Arbitration Act 15 of 2017.

The act governs all international arbitrations seated in South Africa. The act does not recognise oral arbitration agreements in accordance with the prescripts of Article 7 of Schedule 1 to the act, which incorporates the provisions of the UNCITRAL Model Law on International Commercial Arbitration.

1.2 Does this legislation differentiate between domestic arbitration and international arbitration? If so, how is each defined?

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