Overview In recent years, South Africa has reviewed its BITs on the basis that it believed that the BITs were too restrictive and outdated. As a result, South Africa has, since 2012, terminated its BITs with many European countries, including Denmark, Spain, Belgium, Luxembourg, Switzerland and the Netherlands.[1] This led to the promulgation of the Protection of Investment Act in 2015 (“the Act”), which came into effect on 13 July 2018. Purpose and application of…
The COVID-19 pandemic has had a huge impact on the way in which disputes are being resolved around…
On 3 February 2020, the Seychelles became the 162nd State party to accede to the New York Convention…
We are pleased to announce that the latest edition of the Baker McKenzie International Arbitration Yearbook is now available. This year, in recognition of both our clients’ preferences for soft copy material and our commitment to sustainability, the Yearbook is being published electronically via our Global Arbitration News blog, rather than in hard copy. This new edition reviews important developments in arbitration over the past year across 43 jurisdictions, including: The increasing use of artificial…
Does a foreign arbitral award “cease to exist” when a compromise of the award is made an order…
We are pleased to inform you that The Year Ahead 2020 – our publication looking at key developments…
THE REPUBLIC OF SOUTH AFRICA A. LEGISLATION AND RULES A.1 Legislation International arbitration in South Africa continues to be governed by the International Arbitration Act, 15 of 2017 (“IA Act”), to which no legislative amendments have been made. Domestic arbitrations in South Africa continue to be governed by the Arbitration Act, 42 of 1965, to which no legislative amendments have been made. A.2 Institutions, Rules and Infrastructure The Arbitration Foundation of Southern Africa (AFSA) and…
KINGDOM OF SAUDI ARABIA Abdulrahman Al Ajlan and Anton Mikel A. LEGISLATION AND RULES A.1 Legislation International arbitration…
UNITED ARAB EMIRATES A. LEGISLATION AND RULES A.1 Legislation International arbitration in onshore UAE continues to be governed…
This article examines a range of issues relating to construction contracts in the UAE and sets out practical steps which should be considered by parties entering into such agreements. The article examines the interaction between international and UAE provisions applicable to construction contracts, including in relation to the choice of dispute resolution mechanisms in construction contracts, the possibility of enforcing foreign judgments and arbitral awards and key concepts of UAE construction laws that can…