The Law of Arbitration: South African and International Arbitration sets out the South African common law, legislation and local and international case law applicable to each stage of the arbitration cycle, including the arbitration agreement, intervention by courts pending arbitration, the appointment of and challenges to the arbitrators, the pleadings and arbitration proceedings, and the arbitration award. A brief overview of alternative dispute resolution approaches is also provided as a contextual introduction.
The second edition now incorporates the new International Arbitration Act 15 of 2017 and updates the references to local case law as well as international case law relating to the UNCITRAL Model Arbitration Law (MAL). Act 15 of 2017 cements South Africa’s position not only as a venue for international arbitration but also for the enforcement of foreign arbitral awards, making this title indispensable for South African arbitrators wanting to gain experience in international arbitration.
The following appendices are incorporated in the second edition of The Law of Arbitration:
- The Arbitration Act 42 of 1965;
- The Rules for the Conduct of Arbitrations (2018 Edition) of the Association of Arbitrators (Southern Africa);
- The International Arbitration Act 15 of 2017, together with its Schedules being –
- the UNCITRAL Model Law on International Commercial Arbitration;
- the UNCITRAL Conciliation Rules; and
- the Convention on The Recognition and Enforcement of Foreign Arbitral awards.