What the draft International Arbitration Rules, published by the Arbitration Foundation of Southern Africa, means for arbitrating parties

In 2017 South Africa adopted a new arbitration law for International Arbitrations, the International Arbitration Act (IAA). The passing of the IAA was a significant development for both South Africa and the region. Many parties choose arbitration in their international agreements; however, this is only desirable if an arbitration is seated in a jurisdiction where courts give support when needed, but otherwise do not interfere. The IAA which is based on the UNCITRAL Model Law entrenches this approach. The IAA provides a familiar framework for administering an arbitration, clarity of process and procedure, and certainty that foreign arbitration agreements and awards will be recognised and enforced within the jurisdiction.

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