International Arbitration Act, 2017 (Act No. 15 of 2017)SchedulesSchedule 1 : Uncitral Model Law on International Commercial ArbitrationChapter I : General provisions |
Article 1. Scope of application
| (1) | This Law applies to international commercial arbitration, subject to any agreement in force between the Republic and any other State or States. |
| (2) | The provisions of this Law, except articles 8, 9, 17H, 17I, 17J, 35 and 36, apply only if the juridical seat of arbitration is in the territory of the Republic. |
| (3) | An arbitration is international if: |
| (a) | the parties to an arbitration agreement have, at the time of the conclusion of that agreement, their places of business in different States; or |
| (b) | one of the following places is situated outside the State in which the parties have their places of business; |
| (i) | the place of arbitration if determined in, or pursuant to, the arbitration agreement; |
| (ii) | any place where a substantial part of the obligations of the commercial relationship is to be performed or the place with which the subject-matter of the dispute is most closely connected; or |
| (c) | the parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one country. |
| (4) | For the purposes of paragraph (3) of this article: |
| (a) | if a party has more than one place of business, the place of business is that which has the closest relationship to the arbitration agreement; |
| (b) | if a party does not have a place of business, reference is to be made to his or her habitual residence. |
| (5) | This Law shall not affect any other law of the Republic by virtue of which certain disputes may not be submitted to arbitration or may be submitted to arbitration only according to provisions other than those of this Law. |
Article 2. Definitions and rules of interpretation
For the purposes of this Law:
| (a) | ‘‘arbitration’’ means any arbitration whether or not administered by a permanent arbitral institution; |
| (b) | ‘‘arbitral tribunal’’ means a sole arbitrator or a panel of arbitrators; |
| (c) | ‘‘court’’ means a court referred to in article 6(1) and includes, where appropriate, a body or organ of the judicial system of a foreign State; |
| (d) | where a provision of this Law, except article 28, leaves the parties free to determine a certain issue, such freedom includes the right of the parties to authorize a third party, including an institution, to make that determination; |
| (e) | where a provision of this Law refers to the fact that the parties have agreed or that they may agree or in any other way refers to an agreement of the parties, such agreement includes any arbitration rules referred to in that agreement; |
| (f) | where a provision of this Law, other than in articles 25(a) and 32(2)(a), refers to a claim, it also applies to a counter-claim, and where it refers to a defence, it also applies to a defence to such counter-claim. |
Article 2 A. International origin and general principles
| (1) | In the interpretation of this Law, regard is to be had to its international origin and to the need to promote uniformity in its application and the observance of good faith. |
| (2) | Questions concerning matters governed by this Law which are not expressly settled in it are to be settled in conformity with the general principles on which this Law is based. |
Article 3. Receipt of written communications
| (1) | Unless otherwise agreed by the parties: |
| (a) | any written communication is deemed to have been received if it is delivered to the addressee personally or if it is delivered at his or her place of business, habitual residence or mailing address; if none of these can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressee’s last-known place of business, habitual residence or mailing address by registered letter or any other means which provides a record of the attempt to deliver it; |
| (b) | the communication is deemed to have been received on the day it is so delivered. |
| (2) | The provisions of this article do not apply to communications in court proceedings. |
Article 4. Waiver of right to object
A party who knows that any provision of this Law from which the parties may derogate or any requirement under the arbitration agreement has not been complied with and yet proceeds with the arbitration without stating his or her objection to such non-compliance without undue delay or, if a time-limit is provided therefor, within such period of time, shall be deemed to have waived his or her right to object.
Article 5. Extent of court intervention
In matters governed by this Law, no court shall intervene except where so provided in this Law.
Article 6. Court for certain functions of arbitration assistance and supervision
| (1) | Subject to paragraph (2), the functions referred to in articles 11(3), 11(4), 13(3), 14, 16(3) and 34(2) shall be performed by— |
| (a) | the High Court within the area of jurisdiction of which the arbitration is being, or is to be, or was held; |
| (b) | the division with jurisdiction over a South African party, or if there is no South African party, the Gauteng Division of the High Court seated in Johannesburg, if the place within the Republic where the arbitration is to take place has not yet been determined, until such place is determined. |
| (2) | For purposes of article 8, ‘‘court’’ includes a magistrate’s court. |