9 January 2018

A new international Arbitration Act for South Africa

The International Arbitration Act 15 of 2017 (“the Act”) was assented to by the South African President on 19 December 2017.  The Act was published in the Government Gazette on 20 December 2017 and became effective on that date.

The Act provides for the incorporation of the UNCITRAL Model Law into South African Law and provides anew for the recognition and enforcement of foreign arbitral awards.

The long awaited enactment of new arbitration legislation is an important and welcome development.  South Africa is now the 11th African country to have adopted the Model Law.

It is widely expected that the modernisation of South African international arbitration legislation will encourage the development of South Africa as a regional arbitration centre.

For many years, Werksmans has played an active role in supporting the development of international arbitration initiatives in South Africa.  South Africa’s growth as a regional arbitration centre will present opportunities for all involved in African dispute resolution, including LEX Africa and its members.

Article compiled by Des Williams, Director at Werksmans Attorneys

English, German, French, Zulu, Tswana, Xhosa, Sotho and Afrikaans

The Central, 96 Rivonia Road, Sandton, 2196, Johannesburg, South Africa

Resources

Explore Articles

South Africa: A safe voice or silent risk
15 July 2026
An attempt at reforming whistleblower protection through the Protected Disclosures Draft Bill The case of Babita Deokaran, a senior official at the Gauten...
Digital taxes are reshaping cross-border e-commerce economics in Africa
7 July 2026
Digital taxation has moved from policy debate to regulatory reality. Governments across the world are implementing measures aimed at taxing revenue generated...
South Africa: Cryptocurrency is money and capital for exchange-control purposes
23 June 2026
1. Introduction 1.1. This case involved Mr Mangundhla and Ms Dangaiso, who both had trading accounts on the Luno platform, a well-known cryptocurrency tr...
Trustee Recognition and Cross-Border Surplus Distribution in South Africa
29 April 2026
In a recent decision, Scheer v Wagner NO and Others, the Supreme Court of Appeal considered the key issue of the recognition of a foreign insolvency tru...
South Africa: Pricing the same as your competitors – unlawful or permissible?
30 March 2026
One often observes in the marketplace that prices of products advertised or sold by two competitors are the same or similar. Commentators (especially on soci...
Celebrating International Data Privacy Day in South Africa: “12 years of POPIA – what next?”
30 March 2026
On 28 January 2026, the global community celebrated International Data Privacy Day. This year, its commemoration landed in a world where privacy and personal...
Code Red to Code Regulated: South Africa’s Data, AI and Cybersecurity Shift in 2025, and What’s to Come in 2026?
26 February 2026
South Africa’s data protection, cybersecurity, and artificial intelligence (“AI“) landscape matured significantly in 2025. Key developments included: new POP...
Evaluating the public interest effects of a merger: The Competition Appeal Court charts the course in South Africa
29 January 2026
When evaluating a merger, the Competition Act 89 of 1998 (“the Act“) mandates that the competition authorities apply a two-pronged test. The first leg of thi...
The New Code of Good Practice on Dismissal in South Africa
31 October 2025
On 4 September 2025, the new Code of Good Practice: Dismissal (“New Code“) came into effect. The New Code repeals and replaces the old Code of G...
South Africa’s slippery slope of financial distress
31 October 2025
Negative economic news stories appear in the media on a daily basis, and seemingly each day brings word of yet more company closures, with more jobs being sh...