Arbitration in South Africa

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Arbitration in South Africa provides a well-established system for the resolution of disputes outside the traditional court system. Governed by the Arbitration Act 42 of 1965 for domestic arbitration and increasingly influenced by international best practice, South African arbitration law has undergone significant development, particularly with the establishment of the Arbitration Foundation of Southern Africa (AFSA) and the growing embrace of international commercial arbitration.

The Arbitration Act 1965

The Arbitration Act 42 of 1965 remains the primary legislation governing domestic arbitration in South Africa. The Act applies to written arbitration agreements and provides for the appointment of arbitrators, the conduct of arbitration proceedings, and the enforcement of awards. Section 3(2) provides that an arbitration agreement may be made an order of court, making the award enforceable as a court judgment. The Act adopts a pro-arbitration approach, with section 28 providing that the court may set aside an award only on limited grounds, including misconduct by the arbitrator, gross irregularity, or the award being beyond the arbitrator’s jurisdiction.

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Arbitration in South Africa

Introduction

The Arbitration Act 1965