International Arbitration News
More newsDetermining the law governing an arbitration agreement: Lessons from the UK for South Africa
As with all agreements, knowing and understanding which law governs an arbitration agreement is imperative for the parties for legal certainty and predictability. What most business people (even many commercial drafters) do not realise is that an arbitration clause in a main agreement is usually severable and is an agreement on its own, with an independent and separate existence from the substantive main agreement. For that reason, when we refer to arbitration agreement in this article, we refer to an arbitration clause in a main agreement.
Chasing evidence overseas for a local arbitration. A fool’s errand?
As a general principle a court in one country has no authority to make orders effective in another country, either at all or at least absent compliance with legislation and process in that other country. That stands to reason and is bound up in concepts of sovereignty and jurisdiction.
Navigating commercial risk during uncertain times in Africa: When the law is Foreign
In Africa, a significant number of international commercial contracts are governed by English law. When concluding cross-border or international commercial transactions most parties do not give much attention to the governing law clause or for that matter, the dispute resolution clause. It’s only when trouble strikes and advice is sought from lawyers on performance obligations that attention is given to the law governing the interpretation of contractual provisions such as force majeure .