SOUTH AFRICA Trends and Developments Contributed by: Jonathan Ripley-Evans, Fiorella Noriega Del Valle, Veronica Connolly and Kyle Melville, Herbert Smith Freehills Kramer
African arbitrators and seated in non-African jurisdic - tions. The growing prominence of African parties in international arbitration has not yet translated into proportionate African institutional ownership of that process. It is precisely this gap that the consolidation of South Africa as a regional arbitral centre seeks to address. There are early indicators that this strategy is suc - ceeding. Although more recent data is not currently available, AFSA recorded 49 new international arbitra - tions between June 2021 and December 2023 alone. AFSA’s 2022 report also reveals growing participation by non-African parties: 71% of parties were drawn from the Southern African Development Community (SADC) region more widely, while 29% originated from outside the African continent entirely. This trend is not confined to AFSA. South Africa’s growing prominence in the international arbitration environment also extends to non-African institutions. The ICC’s 2025 casework report confirms that, in a marked increase from 2024, ten South African arbi - trators were appointed to ICC tribunals in 2025 (the second highest number for any African country), and that four ICC arbitrations were seated in South Africa by party choice (the highest number for any African country). The London Court of International Arbitra - tion (LCIA)’s 2024 casework report also confirmed the existence of a South African-seated and South African law-governed arbitration administered by the LCIA. Although these numbers remain modest when com - pared with more established arbitration seats, they indicate that parties and institutions are beginning to select and promote South African arbitral capability, including through proceedings administered by Euro - pean institutions. Domestic Foundations, International Ambitions South Africa’s international arbitration ambitions are, in many respects, underpinned by the considerable strengths of its domestic arbitration system, governed by the Arbitration Act of 1965. Institutions such as AFSA also offer specifically adapted domestic arbitra - tion rules, separate and distinct from those applicable in an international scenario.
Chief among those strengths is the depth and quality of South Africa’s legal expertise. A practitioner base of seasoned commercial litigators, familiar with complex and high-value disputes, has helped cultivate a high standard of legal reasoning and procedural rigour in arbitral proceedings. This foundation is further reinforced by the consist - ent and principled support that the South African judiciary has extended to domestic arbitration over many years. The courts’ demonstrated respect for party autonomy has created a stable and predictable dispute resolution environment, in which parties can place confidence in the integrity of the process and the enforceability of its outcomes. While domestic arbitration in South Africa has histori - cally been characterised by a degree of procedural formality reflective of its litigation roots, that formality has generally supported thoroughness and fairness rather than detracting from the process. For parties seeking resolution within South Africa, the domestic framework offers a reliable, well-resourced and judi - cially supported mechanism for determining com - mercial disputes. The courts’ extensive familiarity with fundamental principles of domestic arbitration is reflected and reinforced in their approach to interna - tional proceedings. Arbitration Allies: Judicial Support Under the IAA The enactment of the International Arbitration Act 15 of 2017 (IAA) marked a significant step in the develop - ment of South African arbitration law. By incorporat - ing the UNCITRAL Model Law and the 1958 Conven - tion on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”), the IAA aligned South Africa’s international arbitration frame - work with internationally recognised standards and signalled a clear intention to position the country as a leading arbitration seat on the continent. South African courts have since demonstrated a growing commitment to giving effect to that legisla - tive purpose. In Tee Que Trading Services ( Pty ) Ltd v Oracle Corporation South Africa ( Pty ) Ltd and Another [2022] ZASCA 68, the Supreme Court of Appeal (SCA) confirmed that, unless an arbitration agreement is null and void, inoperative or incapable of being performed,
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