The International Arbitration Act 15 of 2017 : impetus for developments on the cross-border commercial front

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).