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Florida Journal of International Law

Abstract

This Article examines the advantages and disadvantages of arbitrating African-based disputes in South Africa and choosing South African as the governing law. Part I contains a brief synopsis of the South African legal system and its judiciary and an overview of some of the comparative legal systems of selected sub-Saharan African countries. It also analyzes South Africa’s choice-of-law rules, its rules relating to the computation of damages, and its aversion to punitive damages. Part II analyzes the South African law of arbitration and the very limited circumstances in which South African Courts will interfere with the decisions of an arbitrator.

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