What is the common governing law?
Frequency/market practice: It is common practice for South African law to be chosen as governing law in the case of a local target company/business.
Is litigation or arbitration more common? If arbitration, where?
Frequency/market practice: Arbitration has become more common than litigation as a dispute resolution mechanism. The seat of arbitration is normally in South Africa, with the Arbitration Foundation of Southern Africa NPC or the Association of Arbitrators (Southern Africa) NPC being the main arbitral bodies.