JURISDICTIONAL BOUNDARIES IN INTERNATIONAL ARBITRATION: A COMMENTARY ON THE COURT OF APPEAL’S DECISION IN OIL & INDUSTRIAL SERVICES LIMITED v HEMPEL PAINTS (SOUTH AFRICA) PTY LTD

JURISDICTIONAL BOUNDARIES IN INTERNATIONAL ARBITRATION: A COMMENTARY ON THE COURT OF APPEAL’S DECISION IN OIL & INDUSTRIAL SERVICES LIMITED v HEMPEL PAINTS (SOUTH AFRICA) PTY LTD

For a long time, it seemed jurisdictional boundaries regarding foreign-seated arbitrations were clear. While national courts in the seat of arbitration are empowered to recognise and enforce the award or set aside the award, national courts in enforcement...