CHAPTER 34 - South Africa - Interim Measures in International Arbitration

Author(s):

Desmond Gary Williams

Page Count:

14 pages

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Published:

May, 2014

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RELIEF PROVIDED BY THE COURTS

1. (a) Are courts authorized to issue orders of attachment,

injunctions or other provisional orders with respect to

arbitration proceedings?

(b) If so, please describe the nature of any such provisional

relief that is available.

2. What are the conditions that must be satisfied by an applicant for

a court to grant provisional remedies in relation to arbitration?

In terms of the Arbitration Act 1965 (“the Arbitration Act”), for the

purpose of and in relation to a reference under an arbitration agreement,

the court has the same power of making orders in respect of matters

specified in the section as it has for the purposes of and in relation to any

action or matter in that court.

The matters specified include the following:

• security for costs;

• discovery of documents and interrogatories;

• the examination of any witness before a commissioner in South

Africa or in the territory or abroad and the issue of a

commission or a request for such examination;

• the giving of evidence by affidavit;

• securing the amount in dispute in the reference;

• substituted service of notice required by the Arbitration Act or

of summonses;

• the appointment of a receiver.

The matters, in respect of which the court has the same power of

making an order, as it has for the purpose of and in relation to any action

or matter in that court, also include the following forms of interim relief: