n Tydskrif vir die Suid-Afrikaanse Reg - Goodbye arrest ad fundandam. Hello forum non conveniens? : aantekeninge

Volume 2008, Issue 4
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



It was only a matter of time before the constitutionality of the common law jurisdictional relic of arresting foreign defendants () to found jurisdiction (arrest ) would receive the judicial scrutiny of the supreme court of appeal considering the general trend regarding civil imprisonment. In (2008 3 SA 355 (SCA)) the supreme court of appeal got the opportunity to do just that. The decision is the third of a trilogy of supreme court of appeal decisions which has modernised important aspects of the South African law of jurisdiction in respect of foreign defendants and brought the law of jurisdiction more in line with accepted international practice.

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