The Recognition of Foreign Judgments and Arbitral Awards in Civil and Commercial Matters: South Africa

Citation

Okoli P (2023) The Recognition of Foreign Judgments and Arbitral Awards in Civil and Commercial Matters: South Africa. In: Private International Law in BRICS: Convergences, Divergences and Reciprocal Lessons. Bloomsbury Publishing.

Abstract
This chapter first examines the relevant regimes that govern the recognition and enforcement of foreign judgments and arbitral awards. In relation to foreign judgments, it reconciles theoretical bases with jurisdictional grounds, thereby providing an analytical foundation to assess the prospects of the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters (the 2019 Judgments Convention) in South Africa. The chapter then examines the enforcement of arbitral awards considering the UNCITRAL’s 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention), and national statutory regime vis-à-vis international implications and judicial discretion. In considering how to facilitate the enforcement of obligations, the chapter makes a case for ‘purposive flexibility' to ensure that the benefits of the 2019 Judgments Convention and the New York Convention are maximised.