International Arbitration Act, 2017 (Act No. 15 of 2017)Chapter 4 : Transitional and Other Provisions20. Transitional provisions |
| (1) | Chapter 2 of this Act applies to international commercial arbitration agreements whether they entered into force before or after the commencement of Chapter 2 of this Act and to every arbitration under such an agreement but this section does not apply to arbitral proceedings which commenced before Chapter 2 of this Act came into force. |
| (2) | For purposes of this section, the date of commencement of the arbitration proceedings is the date upon which the parties agree as the date on which the arbitral proceedings commenced or failing such agreement, on the date of receipt by the respondent of a request for the dispute to be referred to arbitration. |
| (3) | Chapters 2 and 3 of this Act apply to every arbitral award whether it was made before or after the date of commencement of such Chapters, but— |
| (a) | proceedings for the enforcement of an arbitral award under the Recognition and Enforcement of Foreign Arbitral Awards Act, 1977 (Act No. 40 of 1977); or |
| (b) | proceedings for the enforcement, setting aside or remittal of an award under the Arbitration Act, 1965 (Act No. 42 of 1965), which commenced before Chapters 2 and 3 of this Act came into force, continue until they are concluded as if Chapters 2 and 3 of this Act had not commenced. |