Draft Bill Reflects S. Africa's Mixed Views On Arbitration

Law360, New York (May 10, 2016, 5:51 PM EDT) -- A draft international arbitration bill set to replace South Africa's long-outdated commercial arbitration legislation is an encouraging sign to investors, but it is unlikely to position the country as an international arbitration hub given recent legislation criticized for curbing investor-state arbitration.

South Africa's International Arbitration Bill of 2016 incorporates the Model Law on International Commercial Arbitration as adopted by the United Nations Commission on International Trade Law and would replace a 1977 statute providing for the enforcement and recognition of foreign arbitral awards. Currently, arbitration in South Africa is governed by Arbitration Act 42 of 1965, which doesn't expressly deal with...

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