- CAJAC
- SADC Alliance
- BRICS
The United Nations Commission on International Trade Law (UNCITRAL) developed the UNCITRAL Model Law on International Commercial Arbitration in 1985 (with amendments in 2006) as a model for modern commercial arbitration law. It covers all stages of the arbitral process from the arbitration agreement, the composition and jurisdiction of the arbitral tribunal, and the extent of court intervention through to the recognition and enforcement of an arbitral award.
The Model Law serves as a template for countries to adopt as their national arbitration legislation, creating consistency and predictability across jurisdictions. Six SADC countries, including South Africa, Mauritius and Zambia, have enacted legislation based on or influenced by the UNCITRAL Model Law, with the most recent being Malawi with its International Arbitration Act No. 7 of 2024.
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958), commonly known as the New York Convention, is one of the most significant instruments in international commercial arbitration. This convention mandates that courts in contracting states recognise and enforce arbitral awards made in other contracting states, subject to limited exceptions. Many SADC countries, including South Africa, Botswana and Mauritius, are signatories to the New York Convention. This alignment provides a reliable mechanism for the enforcement of arbitral awards across borders.
The AfCFTA agreement was adopted and opened for signature on 21 March 2018 in Kigali and entered into force on 30 May 2019. It aims to create a single market for goods, services and investments across Africa. Disputes in terms of the AfCFTA will be resolved in terms of the Protocol on Rules and Procedures on the Settlement of Disputes, which will establish a Dispute Settlement Body.
The Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) is an international treaty administered by the International Centre for Settlement of Investment Disputes (ICSID). The ICSID Convention provides a framework for resolving investment disputes between foreign investors and host states.
Another topical investment convention is the Energy Charter Treaty (ECT). The ECT is an international agreement specifically designed to protect investments in the energy sector, primarily between European and other signatory states. Established in the 1990s, the ECT provides a framework for resolving disputes arising from investments in energy resources, infrastructure and services. There are ongoing discussions around the legitimacy of the ECT at present.
Articles 31 to 33 of the VCLT provide for the interpretation of treaties, including across languages, and are important provisions for disputes involving treaties, such as investor-State disputes.