About Arbitrations

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About Arbitrations

The MLA resolved at its 2019 AGM to set up its own Arbitration Centre for the arbitration of maritime-related disputes. Shortly afterwards it received permission from the LMAA secretariat to model its arbitration rules on the rules of the London Maritime Arbitrators Association (the LMAA Terms).

In 2020 – 2021 a drafting committee made the necessary modifications to make the rules compliant with South Africa's domestic arbitration legislation. The International Arbitration Act 2017 governs the arbitration of international disputes while the 1965 Arbitration Act governs domestic ones. Most maritime disputes will be international ones (see the definition in the Act).

The UNCITRAL Model Law on International Commercial Arbitration has been adopted for international arbitrations only, as set out in the schedule to the International Arbitration Act. The MLA has assembled a panel of arbitrators of different levels of seniority, to cater for disputes of different values and complexity, including retired appellate and high court judges, esteemed senior counsel as well as experienced junior counsel. MLA Arbitrations are unadministered, and so there is no administration fee. The MLA will, when requested, act as appointing authority, for which a small fee is payable.

LEGISLATION:
International Arbitration Act No. 15 of 2017
Arbitration Act No. 42 of 1965

The MLASA is run by an executive committee (Exco) elected from its members at its AGM. The Executive Committee meets regularly throughout the year and in turn establishes various sub-committees to deal with particular maritime legal issues.