A critical and in-depth discussion of the powers of the labour court to review arbitration awards of the Commission for Conciliation, Mediation and Arbitration, the application of the author's findings relating to common-law, legislation and case law and a critical analysis thereof. Special reference is made to the provisions of sections 145 and 158(1)(g) of the Labour Relations Act 66 of 1995 including, in particular, the alternative application thereof in practice and scope for improvement in order to address potential prejudice to parties occasioned by the compulsory nature of (certain) dispute resolutions. This thesis incorporates a comparative study of the British and German labour law systems with reference to the relevant appeal and/or review procedures (as applied in their tribunals/courts), together with a discussion and application of certain other provisions relevant to South Africa labour law. / Jurisprudence / LL.M

Alternative Dispute Resolution was developed as an alternative to the traditional dispute resolution mechanism, litigation, which had become costly, time-consuming, did not give the parties control over the outcome of their disputes and was generally cumbersome. ADR refers to a variety of techniques for resolving disputes without resort to litigation in the courts. The concept behind the introduction of ADR methods was, inter alia, to reduce the delays and costs associated with litigation; to introduce relatively less formal methods of dispute resolution; to introduce consensual problem solving and empower individuals by enabling them to control the outcome of their dispute and develop dispute resolution mechanisms that would preserve personal and business relationships. ADR processes were thus intended to produce better outcomes all round. From the time ADR appeared on the scene, its usage has gained international recognition with both common law and civil law countries following the trend. Being faced with similar problems associated with litigation, Zambia has followed the trend and adopted some ADR mechanisms. Most commonly used ADR mechanisms in Zambia are mediation/conciliation, arbitration and negotiation. The legal and institutional frameworks for ADR in Zambia are firmly in place. It is thus, not far fetched to predict a successful future for ADR in which it will enjoy the support of the major stakeholders and play a vital role in justice delivery in Zambia. This thesis has a section on the conceptual framework for ADR and discusses the development of ADR internationally and some processes in use. It examines selected institutions of justice delivery in Zambia with a view to evaluating their operations and contribution to justice delivery in Zambia. It traces the development of institutions of justice delivery in Zambia from colonial times up to the present and assesses their performance. ADR processes currently in use in Zambia are critically examined and their shortcomings reviewed. The legal and institutional frameworks for ADR and the role they play of providing the supporting structure for ADR in the country are evaluated. Future prospects for ADR are indicated and recommendations for successful implementation of ADR in Zambia are given. / Jurisprudence / LL.D.

LL.M. (International Commercial Law) / This essay seeks to look at the role of express submission to jurisdictjon under the Brussels I Regulation,lthe Brussels I (recast) Regulation2 and the Hague Convention on Choice of Court Agreements.3 The express submission to jurisdiction under the three instruments mentioned in the previous sentence refers to the situation in which parties to an international commercial contract include in their contract a court of their choice to govern any disputes that may arise between them. This designated court may or may not be situated in a country that is a member of the three instruments mentioned above. The purpose of this thesis is to determine what will occur when the court chosen is from a country that is not a member of either of the three instruments mentioned. We will first look at express submission and the role it plays in determining which court has jurisdiction. This section on express submission will provide the definition of express submission in the context of a contract which incorporates a choice-of-forum agreement between the parties who are engaged in an international commercial transaction. The thesis will view the role of submission in a common-law and civil-law country in light of express submission by contract. Finally, a distinction will be made between an exclusive and non-exclusive jurisdiction clause. A brief discussion ofthe Brussels Convention4 (The Convention) will be provided in order to present the fact that the Convention only applies when a choice-of-forum agreement in a contract has assoned thejurisdiction to a court of a country which is a member of the Convention. The Convention would not apply when a choice-of-forum agreement in a contract has assigned jurisdiction to the court of a country which is not a member to the Convention. ln order to determine whether the position has changed since the enactment of the Brussels I Regulation (Regulation) with regard to choice-of-forum agreements that designate jurisdiction to the court of a country in a nonmember state of the Regulation, provisions relating to express submission clauses will be discussed. A further discussion will be provided to ascertain whether the enactment of the Council Regulation (EC) No 4412001 of 22 December 2000 on jurisdiction and the recognition and enforcement ofjudgments in civil and commercial matters.