Originally from the Journal of Enforcement of Arbitration Awards

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I. Introduction: The Need for Judicial Recognition in Enforcement 

South Africa’s construction sector has fully embraced private dispute resolution, commonly through mandatory adjudication and arbitration clauses in standard form contracts.  

Despite a consistent line of High Court rulings2 recognising the importance of the robust approach needed in the recognition and enforcement of adjudication awards (aligned with the international approach), and despite the recognised desperate need for a “speedy mechanism for settling disputes in construction contracts on a provisional interim basis and requiring the decision of adjudicators to be enforced pending the final determination of disputes by arbitration, litigation or agreement.:3 and the introduction of a proposed legislative framework to promote the use of alternative dispute resolution (ADR) mechanisms in the public procurement construction sector4 as well as the publication of draft regulations envisaging the introduction of statutory adjudication by the Construction Industry Development Board,5 there is as yet no practical, effective or speedy means of enforcing adjudication awards in South Africa (other than through the court system). 

Foreign and local parties alike should be aware that no award—whether arbitral, adjudicative, domestic, or foreign—has automatic enforceability status in South African, despite its otherwise legally binding nature.