SCIENTIFIC ARTICLE ON THE TOPIC: CHALLENGES WITH RECOGNITION AND ENFORCEMENT OF ARBITRAL AWARDS IN AFRICA

Abstract

This article postulates the constitutional ideal of compliance with contracts concluded between the parties, based on the principle of good faith in practice. This is in line with the international principle of respect for the autonomy of the parties in court. A party cannot easily withdraw from a contract that stipulates that the dispute must be submitted to arbitration and, in addition that the arbitration award is binding on the parties and is not subject to appeal. This article is aimed at discussing the fact that there is judicial enforcement of arbitral awards in the courts of South Africa. There is no distinction between national and international enforcement of arbitral awards. The principle of party autonomy is the cornerstone of the enforcement of arbitral awards. From South Africa's perspective, both national and international legislation supports the recognition and enforcement of arbitral awards. This article reveals the subtleties of enforcement of arbitral awards and protection of the interests of the parties in the process. This article explores the consequences of an antithetical approach to arbitration agreements and proceedings. Judicial practice consists in observing the contractual principle of consensus between the parties, and not in allowing the parties to refuse to award decisions for unreasonable reasons and renouncing the terms of the contract.