Cape Town — The government has published draft regulations that will govern the way disputes between investors and government are to be mediated. The draft rules on mediation, which fall under the Protection of Investment Act, were promulgated in the Government Gazette on Friday. The issue of mediation was one of the hot topics of debate when the controversial act was deliberated in Parliament last year. The act came in the wake of the termination of SA’s bilateral investment treaties and established a uniform regime for foreign investment in the country. The act also eliminated the system of international arbitration of disputes, which was provided for under the bilateral investment treaties, and replaced it with a system of mediation or legal action. The aim of the act was to open up policy space for government without its actions being attacked as expropriation or the infringement of property rights. The draft regulations published in the government gazette on Friday will apply w...

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