International Arbitration Act, 2017 (Act No. 15 of 2017)

Act No. and Year

Short title

Extent or repeal or amendment

Act No. 40 of 1977

Recognition and Enforcement of Foreign Arbitral Awards Act, 1977

The whole.

Act No. 99 of 1978

Protection of Businesses Act, 1978

Amendment of the long title, section 1, section 1D and section 1G of Act 99 of 1978

The long title, section 1, section 1D and section 1G of the Protection of Businesses Act are hereby amended by the deletion of the expression ‘‘arbitration award/awards’’ where it occurs.

Act No. 1 of 1986

Carriage of Goods by Sea Act, 1986

The substitution for section 3 of Act 1 of 1986 of the following section:

‘‘Jurisdiction of courts

3. (1) Notwithstanding any purported ouster of jurisdiction, exclusive jurisdiction clause or agreement to refer any dispute to arbitration, and notwithstanding the provisions of the Arbitration Act, 1965 (Act No. 42 of 1965), [and of] section 7(1)(b) of the Admiralty Jurisdiction Regulation Act, 1983 (Act No. 105 of 1983) and the International Arbitration Act, 2017, any person carrying on business in the Republic and the consignee under, or holder of, any bill of lading, waybill or like document for the carriage of goods to a destination in the Republic or to any port in the Republic, whether for final discharge or for discharge or for discharge for further carriage, may bring any action relating to the carriage of the said goods or any such bill of lading, waybill or document in a competent court in the Republic.

(2) The provisions of subsection (1) of this section shall not apply to arbitration proceedings to be held in the Republic which are subject to the provisions of the [Arbitration Act, 1965] arbitration laws of the Republic.’’.