"foreign law"), the arbitrator shall apply such foreign law only if it can be ascertained by him readily and with sufficient certainty and only to the extent that such foreign law is not opposed to South African principles of public policy or natural justice. Where the arbitrator informs the parties that he is unable to ascertain such foreign law readily and with sufficient certainty, it hall be the duty of the party relying on such foreign law to prove the relevant foreign law by means of evidence. In the absence of such evidence, or where the arbitrator, despite such evidence, is unable to determine such foreign law, he shall apply South African law.

15.2.2 Where the written agreement of all parties require the arbitrator to make his award ex aequo et bono, he shall make his award on that basis.

15.3 The arbitrator shall apply the South African law of evidence; provided that he may allow a party to present evidence in written form, either as signed statements or in affidavit form, in which event any other party may require the deponent to attend the proceedings for oral examination and crossexamination, and, if the deponent fails to attend and submit to be examined and cross-examined, the arbitrator may exclude such evidence in written form altogether, or may attach such weight to it as he thinks fit.

ARTICLE 16: Representation of parties