Section 42: Constitution of Supreme Court and appeal
consolidated text (as at 2013). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
42. Constitution of Supreme Court and appeal
(1) Subject to subsection (1) (A), for the purposes of any application or
transfer to the Supreme Court under this Act or of any other matter arising
out of an arbitration subject to this Act before the Supreme Court, the Court
shall be constituted by a panel of 3 Designated Judges, composed of such
Designated Judges as the Chief Justice may determine.
(1A) Applications to the Supreme Court for interim measures under sections 6 (2) and 23 shall in the first instance be made to, heard by and determined by a Judge in Chambers who shall be a Designated Judge, but shall
be returnable before a panel of 3 Designated Judges, composed of the Designated Judge who initially heard the matter and of such 2 other Designated
Judges as the Chief Justice may determine.
(1B) (a) Any hearing before the Supreme Court under this Act or the
Convention on the Recognition and Enforcement of Foreign Arbitral Awards
Act shall be held in public, save that the Court may, upon the application of
a party, exclude from the proceedings persons other than the parties and
their legal representatives where—
(i) all the parties so agree; or
(ii) the Court considers it to be necessary or expedient in circumstances where publicity would prejudice the interests of justice,
taking into account the specific features of international arbitration, including any expectation of confidentiality which the parties
may have had when concluding their arbitration agreement or any
need to protect confidential information.
(b) Notwithstanding paragraph (a), the announcement of the decision of the Court shall be in public.
(1C) The Court may, on the application of one or all of the parties and
where the interests of justice so require, prohibit the publication of all information relating to Court proceedings under this Act.
(2) An appeal shall lie as of right to the Judicial Committee of the Privy
Council against any final decision of the Supreme Court under this Act.
[S. 42 amended by s. 4 (i) of Act 8 of 2013 w.e.f. 1 June 2013.]
I15A – 25 [Issue 5]
International Arbitration Act