Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
International Arbitration Act, 2017 (Act No. 15 of 2017)Chapter 3 : Recognition and Enforcement of Arbitration Agreements and Foreign Arbitral Awards18. Refusal of recognition or enforcement |
| (1) | A court may only refuse to recognise or enforce a foreign arbitral award if— |
| (a) | the court finds that— |
| (i) | a reference to arbitration of the subject matter of the dispute is not permissible under the law of the Republic; or |
| (ii) | the recognition or enforcement of the award is contrary to the public policy of the Republic; or |
| (b) | the party against whom the award is invoked, proves to the satisfaction of the court that— |
| (i) | a party to the arbitration agreement had no capacity to contract under the law applicable to that party; |
| (ii) | the arbitration agreement is invalid under the law to which the parties have subjected it, or where the parties have not subjected it to any law, the arbitration agreement is invalid under the law of the country in which the award was made; |
| (iii) | that he or she did not receive the required notice regarding the appointment of the arbitrator or of the arbitration proceedings or was otherwise not able to present his or her case; |
| (iv) | the award deals with a dispute not contemplated by, or not falling within the terms of the reference to arbitration, or contains decisions on matters beyond the scope of the reference to arbitration, subject to the provisions of subsection (2); |
| (v) | the constitution of the arbitration tribunal or the arbitration procedure was not in accordance with the relevant arbitration agreement or, if the agreement does not provide for such matters, with the law of the country in which the arbitration took place; or |
| (vi) | the award is not yet binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, the award was made. |
| (2) | An award which contains decisions on matters not submitted to arbitration may be recognised or enforced to the extent that it contains decisions on matters submitted to arbitration which can be separated from those on matters not so submitted. |
| (3) | If an application for the setting aside or suspension of an award has been made to a competent authority referred to in subsection (1)(b)(vi), the court where recognition or enforcement is sought may, if it considers it appropriate— |
| (a) | adjourn its decision on the enforcement of the award; and |
| (b) | on the application of the party claiming enforcement of the award, order the other party to provide suitable security. |
