Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
International Arbitration
3.
Arbitration agreement
3.1
What are the validity requirements for an arbitration agreement in your jurisdiction?
 
South Africa
Article 7 of Schedule 1 to the act stipulates that an arbitration agreement must be in writing.

Article V of the New York Convention provides for discretionary non-recognition of an award where:

  • the contracting parties lacked capacity to conclude the arbitration agreement; or
  • the agreement is not valid under the law to which the parties have subjected it to or, failing an indication thereto, under the law of the place where the award was made.
For more information about this answer please contact: Jonathan Ripley-Evans from Herbert Smith Freehills
3.2
Are there any provisions of legislation or any other legal sources in your jurisdiction concerning the separability of arbitration agreements?
 
South Africa
Yes, Article 16(1) of Schedule 1 to the act stipulates that an arbitral clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract, and that any decision by the tribunal that the contract is null and void shall not automatically invalidate the arbitration clause.

For more information about this answer please contact: Jonathan Ripley-Evans from Herbert Smith Freehills
3.3
Are there provisions on the seat and/or language of the arbitration if there is no agreement between the parties?
 
South Africa
Yes, Article 20 of Schedule 1 to the act empowers the tribunal, in the absence of agreement by the parties, to determine the juridical seat of the arbitration, having regard to the circumstances of the case, including the convenience of the parties.

Article 22 of Schedule 1 to the act empowers the tribunal, in the absence of agreement by the parties, to determine the language to be used in the proceedings. This determination shall apply to any written statement by a party, any hearing and any award, decision or other communication by the tribunal.

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