Legislation dating back to 1965 currently governs arbitrations conducted in South Africa. However, the National Assembly has been presented with a new arbitration bill that would bring South African law in line with the UNCITRAL Model Law, and update the 1977 legislation on the recognition and enforcement of foreign awards.

The principal local arbitration institution is the Arbitration Foundation of Southern Africa. This institution offers its own commercial arbitration rules alongside expedited rules for less complex disputes. In 2015, the China–Africa Joint Arbitration Centre opened. This is dedicated to the resolution of commercial disputes between African and Chinese parties. Other institutions include the Chartered Institute of Arbitrators, South Africa; the Commission for Conciliation, Mediation and Arbitration; and Tokiso Dispute Settlement, a company that offers mediation, conciliation and arbitration services.

In practice, the local courts are supportive of arbitration, and foreign arbitral awards are readily enforced. Foreign awards are regulated and enforced under separate legislation to the local arbitration law.