n Without Prejudice - Enforcing arbitration in South Africa : arbitration

Volume 12, Issue 11
  • ISSN : 1681-178X



Arbitration clauses need to take account of the legal system that will apply when the clause or award is enforced. The efficacy of an arbitration clause is tested when one of the parties approaches the court and denies that it is bound by the arbitration clause, or denies that the dispute falls within the scope of the arbitration agreement or should be determined by arbitration.

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