This thesis examines whether arbitrators’ application of the wrong substantive law is a ground for challenge of arbitral awards. The topic is divided into the theoretical question of whether to refer the arbitrators’ application of the wrong substantive law to excess of mandate or procedural irregularity, and the practical question of how national courts handle the demarcation problems that occur in review of awards. The scope of the thesis is limited to challenges on the grounds excess of mandate and procedural irregularity under section 34 of the Swedish Arbitration Act (SAA).[1] The SAA has thereby served as a basis for the study, but the legislative history, case law and doctrine have also been important. The thesis finds that arbitrators’ application of the wrong substantive law could in theory constitute both excess of mandate and procedural irregularity. However, there are several demarcation problems that occur in practice because it is difficult to distinguish between substantive and procedural errors. Therefore, it seems like only a deliberate disregard of the parties’ choice of law could lead to awards being set aside. Throughout the thesis, the interests of party autonomy and finality of awards are weighed against one another with the conclusion that theory seems to emphasize party autonomy whereas practice seems to emphasize finality of awards. The thesis provides an alternative school of thought of how national courts’ could handle demarcation problems to allow for a wider scope of review on the provision procedural irregularity. This would permit review of also substantive matters to ensure that no significant procedural error has occurred and thus, it would lead to a better balance between party autonomy and finality of awards. [1]Lag (1999:116) om skiljeförfarande.

Thesis (M.A.)--City University of Hong Kong, 2005. / Title from title screen (viewed on Mar. 27, 2006) "A dissertation submitted to the School of Law, City University of Hong Kong in partial fulfillment of the requirement for the degree of Master of arts in arbitration and dispute resolution." Includes bibliographical references.

Thesis (M.A.)--City University of Hong Kong, 2005. / Title from title screen (viewed on Mar. 27, 2006) "MA in arbitration and dispute resolution." Includes bibliographical references.

Thesis (M.A.)--City University of Hong Kong, 2005. / Title from title screen (viewed on 27 Mar. 2006) "MA in arbitration and dispute resolution." Includes bibliographical references.

Thesis (M.A.)--City University of Hong Kong, 2005. / Title from title screen (viewed on 27 Mar. 2006) "A dissertation presented to School of Law, Master of arts in arbitration and dispute resolution." Includes bibliographical references.

When South Africa emerged from the era of isolation in 1994, it was faced with the fact that many of its laws relevant in the field of international trade and investment were outdated and inadequate. An obvious example is in the field of international arbitration. The problem is a serious one. Even thought South Africa is a developing country (one of the richest countries in Africa) and provides everything an investor wants: mainly, a reliable political and juridical system and some great opportunities of business, the same investor is also interested in how a dispute arisen between parties is settled. In this matter / one can be surprised not to see any references to international arbitration in the South African regulations.<br /> <br /> South African passed the Arbitration Act 42 of 1965 that was based mostly on the English Arbitration Act of 1950. Unfortunately, this law was designed for domestic arbitration and has no provision at all dealing with international arbitrations. This Act is perceived by those involved in international arbitration as being totally inadequate for this purpose.<br /> <br /> Given the fact that countries like Nigeria, Kenya or Zimbabwe have regulations on international arbitration prove the interests of States to give the best conditions for investors (e.g. predictability of where and how a dispute will be settled if one occurs).<br /> Focus will be on private arbitration (two private entities such as persons or corporations) and investor/state arbitration and will therefore not be on the Dispute Settlement Body of the WTO which settles disputes between states. Besides, the domestic arbitration regime will be put aside to concentrate on International Arbitration.

When South Africa emerged from the era of isolation in 1994, it was faced with the fact that many of its laws relevant in the field of international trade and investment were outdated and inadequate. An obvious example is in the field of international arbitration. The problem is a serious one. Even thought South Africa is a developing country (one of the richest countries in Africa) and provides everything an investor wants: mainly, a reliable political and juridical system and some great opportunities of business, the same investor is also interested in how a dispute arisen between parties is settled. In this matter / one can be surprised not to see any references to international arbitration in the South African regulations.<br /> <br /> South African passed the Arbitration Act 42 of 1965 that was based mostly on the English Arbitration Act of 1950. Unfortunately, this law was designed for domestic arbitration and has no provision at all dealing with international arbitrations. This Act is perceived by those involved in international arbitration as being totally inadequate for this purpose.<br /> <br /> Given the fact that countries like Nigeria, Kenya or Zimbabwe have regulations on international arbitration prove the interests of States to give the best conditions for investors (e.g. predictability of where and how a dispute will be settled if one occurs).<br /> Focus will be on private arbitration (two private entities such as persons or corporations) and investor/state arbitration and will therefore not be on the Dispute Settlement Body of the WTO which settles disputes between states. Besides, the domestic arbitration regime will be put aside to concentrate on International Arbitration.

Thesis (LL. M.)--University of Toronto, 2004. / Adviser: Allan Stitt.

Inaug.-Diss.--Cologne. / Vita. Includes bibliographical references (p. p. iv-xxv).

Thesis (S. J. D.)--University of Hong Kong, 2009. / Includes bibliographical references (p. 225-261) Also available in print.