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COMMERCIAL ARBITRATION ACT 2010 - As at 14 January 2018 - Act 61 of 2010

- As at 14 January 2018 - Act 61 of 2010

Table of Provisions

PART 1A - PRELIMINARY

Note
  • 1A Name of Act
  • 1B Commencement
  • 1C Paramount object of Act

PART 1 - GENERAL PROVISIONS

  • 1 Scope of application
  • 2 Definitions and rules of interpretation
  • 2A International origin and general principles
  • 3 Receipt of written communications
  • 4 Waiver of right to object
  • 5 Extent of court intervention
  • 6 Court for certain functions of arbitration assistance and supervision

PART 2 - ARBITRATION AGREEMENT

  • 7 Definition and form of arbitration agreement
  • 8 Arbitration agreement and substantive claim before court
  • 9 Arbitration agreement and interim measures by court

PART 3 - COMPOSITION OF ARBITRAL TRIBUNAL

  • 10 Number of arbitrators
  • 11 Appointment of arbitrators
  • 12 Grounds for challenge
  • 13 Challenge procedure
  • 14 Failure or impossibility to act
  • 15 Appointment of substitute arbitrator

PART 4 - JURISDICTION OF ARBITRAL TRIBUNAL

  • 16 Competence of arbitral tribunal to rule on its jurisdiction

PART 4A - INTERIM MEASURES

Division 1 - Interim measures

  • 17 Power of arbitral tribunal to order interim measures
  • 17A Conditions for granting interim measures

Division 2 - Preliminary orders

Division 3 - Provisions applicable to interim measures

  • 17D Modification, suspension, termination
  • 17E Provision of security
  • 17F Disclosure
  • 17G Costs and damages

Division 4 - Recognition and enforcement of interim measures

  • 17H Recognition and enforcement
  • 17I Grounds for refusing recognition or enforcement

Division 5 - Court-ordered interim measures

  • 17J Court-ordered interim measures

PART 5 - CONDUCT OF ARBITRAL PROCEEDINGS

  • 18 Equal treatment of parties
  • 19 Determination of rules of procedure
  • 20 Place of arbitration
  • 21 Commencement of arbitral proceedings
  • 22 Language
  • 23 Statements of claim and defence
  • 24 Hearings and written proceedings
  • 24A Representation
  • 24B General duties of parties
  • 25 Default of a party
  • 26 Expert appointed by arbitral tribunal
  • 27 Court assistance in taking evidence
  • 27A Parties may obtain subpoenas
  • 27B Refusal or failure to attend before arbitral tribunal or to produce document
  • 27C Consolidation of arbitral proceedings
  • 27D Power of arbitrator to act as mediator, conciliator or other non-arbitral intermediary
  • 27E Disclosure of confidential information
  • 27F Circumstances in which confidential information may be disclosed
  • 27G Arbitral tribunal may allow disclosure of confidential information in certain circumstances
  • 27H The Court may prohibit disclosure of confidential information in certain circumstances
  • 27I The Court may allow disclosure of confidential information in certain circumstances
  • 27J Determination of preliminary point of law by the Court

PART 6 - MAKING OF AWARD AND TERMINATION OF PROCEEDINGS

  • 28 Rules applicable to substance of dispute
  • 29 Decision-making by panel of arbitrators
  • 30 Settlement
  • 31 Form and contents of award
  • 32 Termination of proceedings
  • 33 Correction and interpretation of award; additional award
  • 33A Specific performance
  • 33B Costs
  • 33C Application of legal costs legislation
  • 33D Costs of abortive arbitration
  • 33E Interest up to making of award
  • 33F Interest on debt under award

PART 7 - RECOURSE AGAINST AWARD

  • 34 Application for setting aside as exclusive recourse against arbitral award
  • 34A Appeals against awards

PART 8 - RECOGNITION AND ENFORCEMENT OF AWARDS

  • 35 Recognition and enforcement
  • 36 Grounds for refusing recognition or enforcement

PART 9 - MISCELLANEOUS

  • 37 Death of party
  • 38 Interpleader
  • 39 Immunity
  • 40 Act to bind Crown
  • 41 Court rules
  • 42. (Repealed)
  • 43 Regulations

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