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