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ARTICLE · 20 OCTOBER 2021

The International Arbitration Framework In South Africa

SchoemanLaw Inc.
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Arbitration is a well known alternative dispute resolution mechanism in South Africa.

South AfricaLitigation, Mediation & Arbitration
Schoemanlaw Inc.
Schoemanlaw Inc.

Arbitration is a well known alternative dispute resolution mechanism in South Africa.

The courts are willing to enforce any valid arbitral award on the same basis as a judgment of the High Court of South Africa. Unless there is an exceptional reason for not doing so. International or cross-border commercial disputes are regulated by the International Arbitration Act 15 of 2017 ("IAA") in South Africa.

The parties must have agreed to submit to arbitration under an agreement to refer to arbitration, unless:

  • The dispute is not capable of determination by arbitration under any law of the Republic.
  • The arbitration agreement is contrary to the public policy of the Republic.

Formal requirements

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