- Title
- The international arbitration act and dispute resolution
- Creator
- Mkorongo, Michelle
- Subject
- Dispute resolution (Law) -- Africa
- Subject
- International commercial arbitration
- Date Issued
- 2020
- Date
- 2020
- Type
- Thesis
- Type
- Masters
- Type
- LLM
- Identifier
- http://hdl.handle.net/10948/49005
- Identifier
- vital:41592
- Description
- Worldwide, states that had incorporated international standards of arbitration or drew influence from them, thrived in providing effective and efficient resolution of international commercial disputes. However, since 1965, there had been little to no increase in resolving international commercial disputes between private parties in South Africa, either through the court or arbitration. As a result, private parties were drawn to arbitrating in states that had incorporated these international standards and conformed to the aim of unifying arbitral regulation. This study aims to determine what South Africa’s response was in dealing with international commercial disputes and the development of arbitration as an appropriate dispute resolution mechanism. Based on the premise that arbitration is regarded as a popular dispute resolution mechanism when it comes to international trade transactions globally, this study will unpack why arbitration in South Africa did not reflect this premise. A thorough analysis of how international arbitration and its regulation developed globally will be conducted to show at what point uniform regulation came about. The results will indicate in what ways South Africa’s regulatory framework was insufficient to deal with international arbitration and will show how it took a considerable amount of time to regulate arbitration appropriately. Upon regulating international arbitration in 2017, the study will show other ways that South Africa can enhance itself in terms of providing a comprehensive regulatory framework and position itself as an ideal seat of arbitration in Africa.
- Format
- vi, 199 leaves
- Format
- Publisher
- Nelson Mandela University
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela University
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| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | Mkorongo, M.pdf | 1 MB | Adobe Acrobat PDF | View Details Download |