International Arbitration Bill [B10 – 2017]

Call for comments opened 03 July 2017 Share this page:

Submissions are now closed (since 28 July 2017)

Justice and Correctional Services

The Portfolio Committee on Justice and Correctional Services invites you to submit written submissions on the International Arbitration Bill [B10 – 2017]:

The purpose of the International Arbitration Bill is 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;
▪ provide anew for the recognition and enforcement of foreign arbitral awards;
▪ repeal the Recognition and Enforcement of Foreign Arbitral Awards Act, 1977;
▪ amend the Protection of Businesses Act, 1978, so as to delete an expression; and
▪ provide for matters connected with it.

Comments can be emailed to Mr V Ramaano at vramaano@parliament.gov.za by no later than Friday, 28 July 2017

Submissions must be received by no later than 28 July 2017. Please indicate your interest in making a verbal presentation. Public hearings will be held in Parliament.

For Public hearings' dates and enquiries please contact Mr V Ramaano on tel (021) 403 3820 or cell 083 709 8427

Issued by Hon. Dr Mathole Motshekga, MP, Chairperson: PC on Justice and Correctional Services

Background
Currently, international arbitration in South Africa is governed by the Recognition and Enforcement of Foreign Arbitral Awards Act, 1977 (Act No.40 of 1977), and the Arbitration Act, 1965 (Act No.42 of 1965), (the Arbitration Act). The former Act seeks to give effect to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, signed in New York in 1958 (‘‘the New York Convention’’). The Recognition and Enforcement of Foreign Arbitral Awards Act, 1977, has been criticised for not being in alignment with international developments. Also, concerns have been raised that the Arbitration Act, 1965, is inadequate for purposes of international arbitration and that the South African arbitration law is outdated in many respects and needs revision and updating in order to reflect and serve modern commercial needs. It is against this backdrop that the SALRC, in its report, recommends the adoption of the Model Law in South Africa. The object of this Model Law is to promote the harmonisation and uniformity of national laws relating to international arbitration procedures. It is envisaged that the reforms contained in the Bill will ensure that the arbitration legislation remains at the forefront of international arbitration best practices. The proposed legislation will also assist South African businesses in resolving their disputes and in ensuring that South Africa is an attractive venue for parties around the world to resolve their commercial disputes.