International Arbitration Act 1994

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2 Interpretation of this Part

2A Definition and form of arbitration agreement

3 Model Law to have force of law

4 Interpretation of Model Law by use of extrinsic material

5 Application of this Part

6 Enforcement of international arbitration agreement

7 Court’s powers on stay of proceedings

8 Authorities specified for purposes of Article 6 of Model Law

8A Application of Limitation Act 1959 and Foreign Limitation Periods Act 2012

9 Number of arbitrators for purposes of Article 10(2) of Model Law

9A Default appointment of arbitrators in arbitration with 2 parties

9B Default appointment of arbitrators in arbitration with 3 or more parties

10 Appeal on ruling of jurisdiction

11 Public policy and arbitrability

11A Reference of interpleader issue to arbitration

12 Powers of arbitral tribunal

12A Court-ordered interim measures

13 Witnesses may be summoned by subpoena

15 Law of arbitration other than Model Law

15A Application of rules of arbitration

16 Appointment of conciliator

17 Power of arbitrator to act as conciliator

19 Enforcement of awards

19A Awards made on different issues

19C Authentication of awards and arbitration agreements

20 Interest on awards

21 Taxation of costs

22 Proceedings to be heard otherwise than in open court

23 Restrictions on reporting of proceedings heard otherwise than in open court

24 Court may set aside award

25 Liability of arbitrator

25A Immunity of appointing authority and arbitral institutions, etc.

26 Transitional provisions

26A Interpretation of this Part

26B IPR disputes may be arbitrated

26C Effect of award involving IPR

26D Recourse against award involving IPR

26E Recognition and enforcement of award involving IPR

26F Judgments entered in terms of award involving IPR

26G Validity of patent may be put in issue in arbitral proceedings

27 Interpretation of this Part

28 Application of this Part

29 Recognition and enforcement of foreign awards

31 Refusal of enforcement

33 Enforcement of awards under other provisions of law

34 Act binds Government

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Versions

find current version as at

31 Dec 2021

Amended by
Act 5 of 2025

Amended by
Act 24 of 2019

Amended by
Act 31 of 2022

Amended by
Act 25 of 2021

Amended by
Act 40 of 2019

Amended by
Act 32 of 2020

Amended by
Act 23 of 2019

Amended by
Act 16 of 2016

Amended by
Act 13 of 2012

Amended by
Act 12 of 2012

Amended by
Act 26 of 2009

Amended by
Act 42 of 2005

Amended by
Act 28 of 2002

Amended by
Act 38 of 2001

Enforcement of awards under other provisions of law

33.—(1) Nothing in this Part affects the right of any person to enforce an arbitral award otherwise than as is provided for in this Part.

(2) Despite section 3(5) of the Reciprocal Enforcement of Commonwealth Judgments Act 1921, where a foreign award is both enforceable under this Part and registrable as a judgment under that Act, proceedings to enforce the award under this Part may be commenced without any disentitlement to recover any costs of the proceedings, unless otherwise ordered by the court.

(3) Despite section 7 of the Reciprocal Enforcement of Foreign Judgments Act 1959, proceedings to enforce a foreign award under this Part may be commenced where the award is both enforceable under this Part and registrable as a judgment under that Act.

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