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South Africa
NATIONAL LEGISLATION OVERVIEWS
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International Arbitration Act, No. 15 of 2017

Long title


To provide for the incorporation of the Model Law on International Commercial Arbitration, as adopted by the United Nations Commission on International Trade Law, into South African law; to provide anew for the recognition and enforcement of foreign arbitral awards; to repeal the Recognition and Enforcement of Foreign Arbitral Awards Act, 1977; to amend the Protection of Businesses Act, 1978, so as to delete an expression; and to provide for matters connected therewith.

Table of contents

SECTION TITLE

ARRANGEMENT OF SECTIONS
CHAPTER 1. GENERAL PROVISIONS
1. Definitions
2. Interpretation
3. Objects of Act
4. Exclusion of Act 42 of 1965
5. Act binds public bodies
CHAPTER 2. INTERNATIONAL COMMERCIAL ARBITRATION
6. Model Law to have force of law
7. Matters subject to international commercial arbitration
8. Interpretation of Model Law
9. Immunity of arbitrators and arbitral institutions
10. Consolidation of arbitral proceedings and concurrent hearings
11. Confidentiality of arbitral proceedings
12. Right to conciliation process
13. Application of UNCITRAL Conciliation Rules
CHAPTER 3. RECOGNITION AND ENFORCEMENT OF ARBITRATION AGREEMENTS AND FOREIGN ARBITRAL AWARDS
14. Definitions
15. Determination of juridical seat of arbitration
16. Recognition and enforcement of arbitration agreements and foreign arbitral awards
17. Evidence to be produced by party seeking recognition or enforcement
18. Refusal of recognition or enforcement
19. Savings
CHAPTER 4. TRANSITIONAL AND OTHER PROVISIONS
20. Transitional provisions
21. Repeal or amendment of laws
22. Short title and commencement
Sch. 1. SCHEDULE 1. UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION [s1]
Sch. 2. SCHEDULE 2. UNCITRAL CONCILIATION RULES [s13]
Sch. 3. SCHEDULE 3. CONVENTION ON THE RECOGNITION AND  ENFORCEMENT OF FOREIGN ARBITRAL AWARDS [s3 and s14]
Sch. 4. LAWS REPEALED OR AMENDED [s21]
.
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