SOUTH AFRICA Trends and Developments Contributed by: Jonathan Ripley-Evans, Fiorella Noriega Del Valle, Kyle Melville and SooBin Park, Herbert Smith Freehills Kramer
of cases, brought by unsuccessful litigants who are unhappy with how the domestic courts had applied the law, to the SADC tribunal. This could potentially undermine not only the sovereignty and independence of states, but the principle of subsidiarity as well as the doctrine of finality which, in my view, forms part of the substratum of justice and the rule of law.” Conclusion While South Africa’s approach to investor-state arbi - tration remains cautious, the broader trajectory of its arbitration framework is one of steady and deliberate progress. The country has taken meaningful steps towards modernising its legislative regime, strength - ening institutional capacity and cultivating a judiciary that is increasingly aligned with international arbitra - tion norms.
As investment flows into Africa and commercial activ - ity continues to expand across the continent, there is a growing appetite to resolve African disputes in Africa. The high costs associated with arbitrating abroad, combined with the increasing sophistication of African arbitral institutions, have contributed to a gradual but noticeable shift towards localised dispute resolution. South Africa’s advancements – legislative, institutional and judicial – have positioned it as a serious contend - er for the title of Africa’s arbitral hub. While challenges remain, the country’s commitment to reform and its growing international credibility suggest that it is well on its way to becoming the preferred seat for arbitra - tion on the continent.
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