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Tag Archives: South Africa

Boost for international arbitration and respect for the arbitral process in South Africa

In a recent SCA judgment the principle that parties consenting to arbitration should have their dispute heard in arbitration and that the courts should refrain from interfering in same was reaffirmed. In the matter of Zhongji Development Construction Engineering Company Limited vs Kamoto Copper Company SARL (2014) JOL 32421 (SCA), it was stated that our courts need to respect the arbitral process in order to encourage more litigants to conduct international arbitrations in South Africa as this would encourage increased economic activity on our shores.  This is also an imperative,

Overhaul of Investment law in South Africa

On 1 November 2013, the South African government published a draft Promotion and Protection of Investment Bill, which is intended to replace the existing bilateral investment treaties (BITs) that currently govern investment disputes in South Africa and provide a uniform legal framework to govern all investments in the country. The draft bill follows the South African government’s review of its BITs in 2010, the majority of which were entered into with EU states in the post apartheid-era, and subsequent announcement of its plans to phase out these treaties. South Africa