Cross-Border Commercial Dispute Agreements: Developments in South Africa
South Africa now has an international arbitration regime that represents best practice internationally. However, there is a serious need to develop a proper jurisprudential framework for choice of court agreements. The challenge is to create a viable litigation counterpart to international arbitration agreements. It should be possible for parties to not only choose South Africa as a neutral arbitration venue, it should also be possible for them to choose South Africa as a neutral litigation forum.