Draft International Arbitration Bill to be Tabled Soon

Department of Justice and Constitutional Development

The Draft International Arbitration Bill will be tabled in parliament soon.

The draft bill’s explanatory summary was published in Government Gazette 39957.

Cabinet approved the draft bill on 13 April 2016.

In the cabinet statement, the international arbitration process was described as an essential tool for doing business across South Africa’s borders.

“It will improve access to justice services for companies doing business outside the country and foreign companies in South Africa”.

The draft bill aligns with the Model Law on International Commercial Arbitration, which has been adopted by the UN Commission on International Trade Law.

According to the explanatory summary, the proposed legislation will ensure that the Model Law on International Commercial Arbitration is incorporated into the international arbitration regime in South Africa.

It will also provide anew for the recognition and enforcement of foreign arbitral awards, repeal the Recognition and Enforcement of Foreign Arbitral Awards Act of 1977 and amend the Protection of Businesses Act of 1978.

Meanwhile, the justice and constitutional development department has called for comment on proposed amendments to the rules and forms of the High Court and the Magistrates’ Courts pertaining to execution against immovable property.

The Rules Board for Courts of Law had previously sought comment on proposed amendments to Uniform Rule 46 and Magistrates’ Courts Rule 43 which regulate the procedure for sales in execution of immovable property in the High Court and Magistrates’ Courts, respectively.

Following input, further amendments have been introduced to the rules. New rules and forms have also been added.

Written comment is invited until 30 June 2016.

In a separate matter, the Constitutional Review Committee in parliament has called for written submissions on specific sections of the Constitution that members of the public feel need to be reviewed.

The committee reviews the Constitution on an annual basis.

Submissions are invited until 31 May 2016.

They can be emailed to pjayiya@parliament.gov.za.

Sabinet Cape Town Office

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