Comparative Guides
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Results: 4 Answers
International Arbitration
2.
Arbitrability and restrictions on arbitration
2.1
How is it determined whether a dispute is arbitrable in your jurisdiction?
 
South Africa
Article 7 of the International Arbitration Act prescribes that any matter that is capable of disposal by agreement may be determined by arbitration, unless:

  • such a dispute is not capable of determination by arbitration under any law of South Africa; or
  • the arbitration agreement is contrary to the public policy of South Africa.
For more information about this answer please contact: Jonathan Ripley-Evans from Herbert Smith Freehills
2.2
Are there any restrictions on the choice of seat of arbitration for certain disputes?
 
South Africa
No.

For more information about this answer please contact: Jonathan Ripley-Evans from Herbert Smith Freehills