Suchergebnisse

Compares the arbitral rules of: International Chamber of Commerce (ICC), American Arbitration Association/International Center for Dispute Resolution (AAA/ICDR), London Court of International Arbitration (LCIA), Stockholm Chamber of Commerce (SCC), and International Center for Settlement of Disputes (ICSID) as leading sets of institutional international arbitration rules. The international arbitration rules of the United Nations Commission on International Trade (UNCITRAL) and the Center for Public Resources (CPR) are included as the preeminent sets of ad hoc international arbitration rules

This article seeks to trace the historical origin of arbitration as it is currently practised in South Africa. The resort to alternative dispute resolution methods has existed since time immemorial. The practice of arbitration was identified in the Bible when it was practised by King Solomon. South African traditional communities practised arbitration before the arrival of Western nations in South Africa, who brought with them their norms and practices. The community entrusted the responsibility of resolving disputes amicably to the headman, the Chief or the King. The practice of traditional alternative disputes resolution was disrupted by colonialism, which introduced Roman-Dutch law and subsequently English law influences. The aim of the parties under both Roman-Dutch law and English law was to steer their disputes away from courtrooms with their rigid rules and procedures. Hence the resort to arbitration. Through the passage of time, the parties lost respect for arbitration. Judicial intervention became a necessary tool to enforce the agreement to arbitrate or the subsequent award. A concern was raised in some quarters regarding the South African arbitration legislation that stagnated in 1965 when it was enacted. The sophisticated legal system and the impartial and independent judiciary, provided a strong support to arbitration and its autonomy. The firm judicial support did not detract from the necessity for a complete overhaul of the arbitration prescript, which might position South Africa as the hub of commercial arbitration in Africa and globally. The enactment of the International Arbitration Act, 2017 marked a great milestone towards achieving that goal. Arbitration is embedded in the fabric of South African commercial dispute resolution.

Money Laundering: How it Works and Why you should be Concerned /Kristine Karsten --Fraud, Corruption and Money Laundering: The Approach of an International Law Firm /Alan Jenkins --Trans-national Commercial Bribery: Challenge to Arbitration /Mark Pieth --The 1997 OECD Convention against Trans-national Bribery: Effective Monitoring and Implementation /Giorgio Sacerdoti --Trans-national Public Policy in International Arbitral Decisionmaking: The Cases of Bribery, Money Laundering and Fraud /Bernardo Cremades Sanz Pastor and David J.A. Cairns --The role of the expert in arbitration /Arthur Harverd --Arbitration Case Law on Bribery: Issues of Arbitrability, Contract Validity, Merits and Evidence /Antonio Crivellaro --Arbitration, Corruption, Money Laundering and Fraud: The Role of the Tribunals /Allan Philip --Final Remarks /Robert Briner.