Arbitration is central to the settlement of transnational commercial disputes. This
dissertation discusses arbitration as an alternative method of dispute settlement as
opposed to litigation. The work surveys the difficulties relating to international
commercial arbitration and the enforcement of awards, and efforts made to overcome
them.
The research is divided into four chapters. The first chapter introduces the reader to the
work. It gives a general background to international commercial arbitration and briefly
explains what the dissertation is all about. Chapter two is definitional. It examines some
of the definitions of international commercial arbitration and contains the author's
thoughts on this issue. The author is of the view that the traditional definitions do not
properly address the concept. It is concluded that the question whether an arbitration is
international should largely depend on whether international norms are used to resolve
the dispute rather than by reference to geographical considerations. This chapter also
weighs the advantages and disadvantages of arbitration as against litigation. Chapter three
deals with recognition and enforcement of awards. This is considered crucial since at the
end of the day, parties to arbitration would want to enforce their awards in a court of law,
in the event of non-compliance. Since the award might be made in a foreign country,
enforcement may be problematic. The chapter examines efforts made in intemational and
domestic law to overcome such problems and achieve enforceable awards. A selection of
multi-lateral, regional and domestic laws is examined. This chapter also discusses
problems of enforcing awards against states and steps taken to overcome them. The final
chapter deals with general conclusion and suggestions. It is suggested that efforts should
be made to harmonise international commercial arbitration. This can be achieved both in
domestic and international law. / Jurisprudence / LL.M. (Jurisprudence)
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:umkn-dsp01.int.unisa.ac.za:10500/1111 |
| Date | 31 October 2003 |
| Creators | Cole, Rowland James Victor |
| Contributors | Schlemmer, E. C. |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Dissertation |
| Format | 1 online resource (vi, 75 leaves) |
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