A new set of Rules for the Conduct of Arbitrations (2021 edition) (the 2021 Rules) was approved and adopted by the Association in October 2021. Professor David Butler’s introduction to 2021 Rules appears here, as does a link from which the 2021 Rules can directly be accessed.
Lunch with Prof David Butler
For the past several months the Rules committee – comprising our Chairman and Vice-Chairman, Pierre Rossouw SC and Tjaart van der Walt SC, Professor David Butler and myself (as Chairman of the committee) – had been working on a redraft of some aspects of the 2018 Rules. The revision was undertaken because of the need to make express provision for remote hearings. At the same time, the opportunity was used to update and amend the Rules, having regard to recent new editions of their rules published by other arbitral institutions like the International Chamber of Commerce (ICC) (2021), the London Court of International Arbitration (LCIA) (2020) and the Australian Centre for International Commercial Arbitration (ACICA) (2021). Third party funding has also seen a significant increase internationally and it was considered necessary to include provisions to avoid potential conflicts, as well as to provide a mechanism for a contract in appeal procedure. All in all an exciting revision, which should be officially published before the end of the year.
As usual, Prof David Butler has been at the forefront of the drafting of the revised and new provisions. His knowledge of developments regarding Rules internationally is encyclopaedic and the Association is truly indebted to our only double Life Fellow for his drafting work not only on this new set of Rules but in fact on the past several editions of the Rules.
It was therefore a particular pleasure for me to be able to host David at a very enjoyable lunch at Rust en Vrede wine estate near Stellenbosch recently and to ensure that his further deliberations would be enhanced by some of Rust en Vrede’s excellent estate wines.
Chris D Binnington Pr Eng
Rules committee chairman
11 October 2021