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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recent years, South Africa has reviewed its BITs on the basis that it believed that the BITs were too restrictive and outdated.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…

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…

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…

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…