International Arbitration News
More newsCan the parties to an arbitration agreement restrict the arbitrator’s powers to determine their procedure by way of email?
The Supreme Court of Appeal (SCA) recently handed down judgment in the case of Rabinowitz v Levy and Others (1276/2022) ZASCA 8 (26 January 2024) in which it, inter alia , addressed the rights of parties in an arbitration proceeding to amend or curtail the arbitrator’s powers through email correspondence.
Capacity building and fostering expertise in international arbitration in Africa
The central theme of the Johannesburg Arbitration Week 2024 (JAW) was showcasing arbitration in Africa. This prompted engaging discussion and renewed calls for the Africanisation of international arbitration. This encompasses African disputes being arbitrated in Africa, presided over by African arbitrators, administered by African arbitral institutions, and argued by African lawyers. With expanding foreign direct investment in Africa and the expansion of BRICS to Egypt and Ethiopia, the calls to ensure that Africa has a voice in and imprint on the international arbitration proceedings it participates in are gathering momentum. This ensures that Africa’s unique priorities and experiences are sufficiently taken intoconsideration.
Arbitration on top or a comeback for the courts?
A key discussion point at the inaugural Johannesburg Arbitration Week was the expansion of the use of international arbitration to resolve commercial disputes in Africa. In many instances this has been at the expense of the courts, with parties increasingly preferring to arbitrate rather than litigate.