Arbitration Insight: Enforcing DIFC & ADGM Awards in South Africa
Africa Focus
Michael EybersAssociate,Corporate Commercial
Arbitration continues to play a pivotal role in cross-border commercial dispute resolution, particularly in the context of UAE–Africa trade and investment. With the UAE positioned as a leading arbitration hub in the Middle East, and South Africa serving as a critical commercial gateway in Africa, the enforceability of arbitral awards between these jurisdictions is of significant interest to businesses and practitioners alike.
The Dubai International Financial Centre (“DIFC”) has established itself as a reliable seat of arbitration and a recognised jurisdiction for the enforcement of arbitral awards. The DIFC Courts operate as an English-language common law judiciary within Dubai, and they enjoy a reputation for efficiency, neutrality, and alignment with international arbitration practice. Awards rendered under the DIFC Arbitration Law are enforceable through the DIFC Courts, which can then be taken to the Dubai onshore courts for wider execution across the UAE.
For foreign awards, including those originating from South Africa, the DIFC Courts provide an effective mechanism for recognition and enforcement. Both the UAE and South Africa are parties to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, meaning that DIFC awards can generally be enforced in South Africa, subject to the limited defences set out under the Convention.
Recent practice has shown that DIFC Courts are increasingly supportive of enforcement requests for South African awards, enhancing predictability for commercial parties.
South Africa provides a modern and internationally aligned framework for the recognition and enforcement of foreign arbitral awards under the International Arbitration Act 15 of 2017 (“IAA”). The IAA incorporates the UNCITRAL Model Law on International Commercial Arbitration (1985, as amended in 2006) into South African law and gives effect to the New York Convention.
Under the IAA, foreign awards must be recognised and enforced unless one of the limited grounds for refusal applies, closely mirroring Article V of the New York Convention. Enforcement may be refused if the opposing party proves, for example, that a party to the arbitration agreement lacked capacity, was not properly notified, or was unable to present its case; that the award deals with matters beyond the scope of the arbitration agreement; that the arbitral procedure was inconsistent with the parties’ agreement or the law of the seat; or that the award has not yet become binding or has been set aside at the seat. Additionally, South African courts may refuse enforcement if the subject matter is not arbitrable under South African law or if enforcement would be contrary to public policy.
Procedurally, an applicant seeking enforcement must produce the duly authenticated award, the arbitration agreement, and a sworn translation if not in an official language of South Africa. Once recognised, a foreign award holds the same status and effect as a judgment of the South African High Court.
South Africa provides a modern and internationally aligned framework for the recognition and enforcement of foreign arbitral awards under the International Arbitration Act 15 of 2017.
Historically, parties could choose the Abu Dhabi Commercial Conciliation and Arbitration Centre (“ADCCAC”) or, in some instances, the Abu Dhabi Global Market (“ADGM”) for arbitration. However, in 2024, the Abu Dhabi International Arbitration Centre, branded as Arbitrate AD, was formally established, replacing ADCCAC and consolidating institutional arbitration in Abu Dhabi. ADGM arbitration, as an independent framework, no longer exists. Awards rendered under Arbitrate AD, like DIFC-seated awards, benefit from the UAE’s New York Convention obligations and can be enforced in South Africa under the IAA.
UAE businesses can apply to South African High Courts to recognise and enforce DIFC or Arbitrate AD awards. Courts assess the application against the IAA and the New York Convention, with narrow grounds for refusal. Once recognised, awards are enforceable as South African High Court judgments. Conversely, South African businesses seeking to enforce awards in the UAE can rely on DIFC Courts and, subsequently, onshore courts for broader execution.
The enactment of South Africa’s International Arbitration Act 2017 has aligned the country with international arbitration standards, creating a robust, predictable framework for the enforcement of foreign arbitral awards, including those from the UAE. DIFC remains a well-established arbitration jurisdiction, and Abu Dhabi arbitration is now centralised under Arbitrate AD. These developments provide businesses with a high degree of certainty when resolving cross-border disputes between the UAE and South Africa.
For further information,please contact Paul Taylor.
Published in October 2025
