Revue - Les Cahiers de l'Arbitrage N°2 - 2023 - 48

AFRICA SPECIAL ISSUE
Although the TAA mandates that dispute resolution will now take place from
Tanzania, as a signatory to the ICSID Convention, claimants have opted for the ISDS
and there are currently five pending cases against Tanzania. 53
It remains to be seen
whether the TAA will in fact make local arbitration more attractive to foreign investors.
(ii) South Africa
The South African International Arbitration Act was enacted in 2017 and
incorporates the UNCITRAL Model Arbitration Law into South African Law as
Schedule 1 to the Act is, in effect, a restatement of the UNCITRAL Model Law. 54
When viewed against the backdrop of its previous actions, discussed below, this
seems to indicate that the country is providing a home-based framework for ISDS.
Indeed, in 2011, the government had given notice to the European Union
of its decision to unilaterally terminate its BITs with certain European Union
members and indicated its intention to cancel further treaties in the future. 55
While withdrawing from these BITs, it enacted the Protection of Investment Act
( " PIA " ), which in its Section 6 replaces the fair and equitable treatment standard
with " fair administrative treatment " and significantly limits access to international
arbitration. 56
With the PIA, South Africa seeks to replace the revoked BITs with
a new investment protection law grounded in its domestic regulation rather than
in international law. Investment disputes will now fall under the jurisdiction of
the 2017 International Arbitration Act. Its provisions include those that deal with
the recognition and enforcement of foreign arbitral awards and it replaces the
Recognition and Enforcement of Foreign Arbitral Awards Act 1977, 57
in its entirety.
The 2017 International Arbitration Act attempts, among other things, to codify
standard BIT provisions and provide domestic legislation that deals with investorState
relations.
(iii) Sierra Leone
Prior to 2022, the key legislation on arbitration in Sierra Leone was the
1960 Arbitration Law which was based on the English Arbitration Act 1960. In
53. See, Montero Mining and Exploration Ltd v United Republic of Tanzania (ICSID Case
No. ARB/21/6); Nachingwea U.K. Limited (UK), Ntaka Nickel Holdings Limited (UK) and Nachingwea
Nickel Limited (Tanzania) v United Republic of Tanzania (ICSID Case No. ARB/20/38); Winshear
Gold Corp. v United Republic of Tanzania (ICSID Case No. ARB/20/25); EcoDevelopment in
Europe AB and EcoEnergy Africa AB v United Republic of Tanzania (ICSID Case No. ARB/17/33)
(Annulment Proceedings); and Standard Chartered Bank v United Republic of Tanzania (ICSID Case
No. ARB/10/12) (Stayed) (https://investmentpolicy.unctad.org/investment-dispute-settlement).
54. International Arbitration Act 2017, Republic of South Africa, 20 December 2017 (https://
www.gov.za/sites/default/files/gcis_document/201712/41347internationalarbitrationact15of2017.pdf).
55. See, " SA's cancellation of bilateral investment treaties - strategic or hostile? " , News 24,
28 September 2018 (https://www.news24.com/fin24/sas-cancellation-of-bilateral-investment-treatiesstrategic-or-hostile-20180928-3).
56.
Protection of Investment Act 2015, Republic of South Africa, 15 December 2015, Section 6
(https://www.gov.za/sites/default/files/gcis_document/201512/39514act22of2015protectionofinvestm
entact.pdf).
57. Recognition and Enforcement of Foreign Arbitral Awards Act 1977 (Repealed), Republic
of South Africa, 13 April 1977 (https://www.gov.za/sites/default/files/gcis_document/201503/act40-1977.pdf).
322
The
Paris Journal of International Arbitration 2023‑2

https://investmentpolicy.unctad.org/investment-dispute-settlement https://www.gov.za/sites/default/files/gcis_document/201712/41347internationalarbitrationact15of2017.pdf https://www.gov.za/sites/default/files/gcis_document/201712/41347internationalarbitrationact15of2017.pdf https://www.news24.com/fin24/sas-cancellation-of-bilateral-investment-treaties-strategic-or-hostile-20180928%E2%80%913%00%00 https://www.news24.com/fin24/sas-cancellation-of-bilateral-investment-treaties-strategic-or-hostile-20180928%E2%80%913%00%00 https://www.gov.za/sites/default/files/gcis_document/201512/39514act22of2015protectionofinvestmentact.pdf https://www.gov.za/sites/default/files/gcis_document/201512/39514act22of2015protectionofinvestmentact.pdf https://www.gov.za/sites/default/files/gcis_document/201503/act-40%E2%80%911977.pdf%00p https://www.gov.za/sites/default/files/gcis_document/201503/act-40%E2%80%911977.pdf%00p

Revue - Les Cahiers de l'Arbitrage N°2 - 2023

Table des matières de la publication Revue - Les Cahiers de l'Arbitrage N°2 - 2023