Abstract:
From a South African perspective, the promotion of international trade, as well
as the development of effective judicial and extra-judicial dispute resolution
institutions, is of paramount importance for increased economic growth. One of
the main aims of the International Arbitration Act 15 of 2017, which came into
operation on 20 December 2017, is to promote South Africa as an arbitration
venue for international commercial disputes. The act represents best practice in
international arbitration; however, in order to promote South Africa as a venue for
international commercial dispute resolution, arbitration should be strengthened and
supported by the concomitant development of South African private international
law in crucially relevant areas, as well as improved access to South African courts
in cross-border commercial disputes. This contribution seeks to highlight the most
pertinent matters relating to arbitration and jurisdiction clauses, as well as applicable
law issues under the United Nations Commission on International Trade Law Model
Law on International Commercial Arbitration, as incorporated into Act 15 of 2017
and the potentially significant role to be played by the 1980 Convention on Contracts
for the International Sale of Goods (the CISG).
