16. Interpretation

In this Act, unless the context otherwise requires-

“electronic” shall have the same meaning as in the

Electronic Transactions Act, No. 19 of 2006;

“electronic signature” shall have the same meaning as in the Electronic Transactions Act, No. 19 of 2006;

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The Recognition and Enforcement of International Settlement

Agreements Resulting from Mediation Act, No. 5 of 2024

“High Court” means the High Court established for the

Province by Article 154P of the Constitution and exercising civil jurisdiction under the High Court of the Provinces (Special Provisions) Act, No. 10 of 1996;

“mediation” means a process, irrespective of the expression used to the basis upon which the process is carried out, whereby parties attempt to reach an amicable settlement of their dispute with the assistance of one or more third parties (“the mediator”) lacking the authority to impose a solution upon the parties to the dispute;

“parties” means the parties to the international settlement agreement in relation to the mediation, and does not include the mediator or mediators conducting the mediation;

“place of business” means –

the principal place at which that party conducts business of such party;

if a party has more than one place of business, the place of business which has the closest relationship to the dispute resolved by the international settlement agreement, having regard to the circumstances known to, or contemplated by, the parties at the time of the conclusion of the international settlement agreement;

if a party does not have a place of business, it means the habitual residence of the party;