oa Comparative and International Law Journal of Southern Africa - South African arbitration legislation - the need for reform
|Article Title||South African arbitration legislation - the need for reform|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 Mercantile Law, University of Stellenbosch|
|Publication Date||Jul 1994|
|Pages||118 - 163|
|Keyword(s)||Arbitrarion legislation, International arbitration, International Commercial Arbitration, Reform, South Africa, South African Arbitration Act, UNCITRAL Model Law on International Commercial Arbitration and United Nations Commission on International Trade Law|
This article sets out first to identify the basic principles underlying arbitration legislation. Secondly, it assesses the role of the courts in relation to arbitration in South Africa and considers whether or not there is a need for any drastic changes to this role. Thirdly, the desirability of South Africa adopting the UNCITRAL Model Law is discussed. Fourthly, in the light of recent legislation in other jurisdictions and problems experienced in applying the present Act in practice, a variety of amendments are suggested to make the Act more effective.
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