Arbitration Rules of the East African Court of Justice PDF Download
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Author: East African Court of Justice
Publisher:
ISBN:
Category : Arbitration and award
Languages : en
Pages : 40
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Book Description
Author: East African Court of Justice
Publisher:
ISBN:
Category : Arbitration and award
Languages : en
Pages : 40
Get Book Here
Book Description
Author: Lise Bosman
Publisher: Kluwer Law International B.V.
ISBN: 9403537612
Category : Law
Languages : en
Pages : 693
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Book Description
The Second Edition of this unprecedented volume assembles an updated and expanded country-by-country analysis – both practical and insightful – of how arbitration is conducted in forty-nine African countries, providing essential information about legislative provisions, treaty adherence, and arbitral procedure. Contributors include sought-after African arbitrators, distinguished practitioners, academics and institution-builders, all of whom are active in promoting the use of arbitration as a viable means of dispute resolution in Africa. Five sections representing the main regions of the continent, each with a substantive introductory chapter covering the major trends within that region, offer country overviews addressing issues such as the following: adherence to the key arbitration conventions; modernity of a State’s arbitration legislation and its compatibility with the UNCITRAL Model Law; particular features of arbitral practice in that jurisdiction (including responses to the COVID-19 pandemic); access to and (where available) statistics from local and regional arbitral institutions; significant arbitration-related national case law; and enforcement of foreign arbitral awards. A sixth section focuses on treaty-based investor-State arbitration against African States under the ICSID Convention, providing an empirical analysis of the experience and record of African States with investor-State arbitration in the period between 2010 and 2020. Useful tables and graphics of intra-African bilateral investment treaties, a list of ICSID proceedings involving African States, a list of treaty accession by African States, and other tabular features round out the volume. The first edition of this volume was welcomed by arbitration practitioners and legal academics everywhere as an essential guide to an emerging and important area of international arbitration practice. This second edition tracks the significant developments (in treaty accession, reform of arbitration legislation and developing case law) that have taken place over the past decade, and confirms that arbitration as a preferred method of dispute resolution is now firmly entrenched on the African continent.
Author: Adam J. Mambi
Publisher: African Books Collective
ISBN: 998708074X
Category : Business & Economics
Languages : en
Pages : 320
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Book Description
This volume collects notable writings of Barnabas A. Samatta, Chief Justice of Tanzania from 2000 to his retirement in 2007, together with writings by others that document his career and show the judgment of his peers about his work on the Court of Appeal of Tanzania. The writings include Samatta's thoughts on Tanzania's constitutional order and the importance of the rule of law, as well as a number of key rulings and judgments. Annotation ©2011 Book News, Inc., Portland, OR (booknews.com).
Author: Emilia Onyema
Publisher: Kluwer Law International B.V.
ISBN: 9041190430
Category : Law
Languages : en
Pages : 493
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Book Description
With the increase in commercial transactions within the fifty-four independent African states and at the international level, it has become apparent that most of the legal framework for arbitration across the continent require reform. Accordingly, in recent years, as this first in-depth treatment of arbitration in Africa shows, jurisprudence from national courts of various African jurisdictions demonstrates that the courts are becoming more pro-arbitration and judges increasingly better understand that their role is to support or complement the arbitral process. This book documents the second SOAS Arbitration in Africa conference held in Lagos in June 2016. In thirteen lucid chapters, African practitioners and academics and European specialists in African legal and arbitral systems provide a remarkably thorough overview of the relation of courts and arbitration in the continent. Among the matters that arise for discussion are the: • disposition of courts in Africa towards arbitration, whether supportive or interventionist; • involvement of courts in the arbitral process before, during, and after an award has been rendered; • publication and access to arbitration-related decisions from African courts; • enforcement of annulled awards in African states under the New York Convention; • prospects for the establishment of a pan-African investment court; and • how foreign courts (particularly in the United States, France, and Switzerland) perceive African arbitration. Because of the wide range of developmental stages among Africa’s numerous court and legal systems, Part I of the book explores generic issues relevant to courts and arbitration, followed by detailed descriptions, including court decisions, of the situation in eight specific jurisdictions – Egypt, South Africa, Sudan, Mauritius, Nigeria, Ghana, Rwanda, and Kenya. The authors of these latter chapters are legal practitioners and academics from each of these countries. Throughout this book, policy recommendations for improving access to court decisions and laws in African states are brought to the fore. In its expertise-based advocacy for a mutually harmonious and supportive co-existence for arbitration and litigation in the context of the complexities and peculiarities of African states – and its confrontation of the predominantly negative perception that often leads to ‘arbitration flight’ from the continent – this book helps companies, investors, and their advisors to base their decisions on facts and not perceptions. It will be of great value to practising lawyers in arbitration as counsel or arbitrators, companies doing transnational business, global law firms, government officials, and academics in the field.
Author: Emmanuel Ugirashebuja
Publisher: BRILL
ISBN: 9004322078
Category : Law
Languages : en
Pages : 553
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Book Description
East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. Uniquely, the book also provides a systematic comparison with EU law. EU companion chapters provide concise overviews of EU law and its development, offering valuable inspiration for the application and further development of EAC law. The book has been written for all practitioners, judges, civil servants, academics and students faced with questions of EAC law. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.
Author: Emilia Onyema
Publisher: Kluwer Law International B.V.
ISBN: 9041167307
Category : Law
Languages : en
Pages : 162
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Book Description
Given the dynamic growth of African economies and the expansion of cross-border trade and commerce, the need for readily accessible African arbitral institutions has become increasingly urgent. Accordingly, this book not only offers an in-depth analysis of the role arbitration centres based in African cities currently play throughout the continent but also defines and recommends ways in which they can emerge as a major and indispensable factor in the growth and development of commerce in Africa. Administrators of arbitration institutions from a variety of African countries offer insightful appraisals and suggestions directed to promoting the development and delivery of efficient, effective arbitration services to users across the continent. Among the issues and topics covered are the following: • types of arbitration institutions available in Africa; • viability and sustainability of these institutions; • institutions’ relationship with government; • quality of service; • performance of arbitration institutions in their respective countries and regions; • national laws that regulate arbitration in Africa’s fifty-four states; • extent of collaboration with foreign institutions; • provision of functional facilities, transcription services, hearing rooms, document handling, and managerial and translation services; • marketing activities and strategies; • mending the disconnect between Francophone and Anglophone countries; • role of the Common Court of Justice and Arbitration (CCJA); and • necessity of overcoming foreign negative perceptions and bias. The book was inspired by an arbitration conference hosted by the African Union Commission at its headquarters in Addis Ababa in July 2015. As a contribution to the discussion of the role arbitration and arbitration institutions can play in transforming the legal landscape in African countries for the resolution of commercial disputes – indeed, the entire discourse on legal efficiency and access to justice in African countries – this book will prove invaluable to practitioners and academics in international commercial arbitration within and beyond the continent. Its emphasis on the creation of a facilitative, supportive, and conducive cultural and infrastructural environment as a mechanism for commercial dispute resolution in Africa and for the practice of arbitration in Africa will appeal to in-house counsel, external legal advisors, consultants, arbitral institutions, arbitrators, and government policymakers.
Author:
Publisher: Kluwer Law International B.V.
ISBN: 9041194460
Category : Law
Languages : en
Pages : 920
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Book Description
Volume 19 of the Congress Series contains the proceedings of ICCA's 2016 Mauritius Congress, the first ICCA Congress held in Africa. In this volume, renowned practitioners, scholars and jurists from the region and around the world explore the contribution of arbitration to the rule of law and economic development; the conformity of arbitration with international standards of due process and the rule of law; and the benefits and challenges of arbitration in Africa. Topical issues of interest for practitioners, academics and students of arbitration - in the region and internationally - include: • Due process issues in constituting the arbitral tribunal and challenging its members • Interim measures issued by arbitral tribunals and domestic courts • Burden, standard and types of proof in the corruption defence • What to do (and what to avoid doing) to prepare a persuasive case • Do post-award remedies ensure conformity of the arbitral process with the rule of law? • Do rules and guidelines properly regulate the conduct of arbitration? • The interface between domestic courts and arbitral tribunals • What are appropriate remedies for findings of illegality in investment arbitration? • The effect of foreign national court judgments relating to the arbitral award • What does the future hold for investment arbitration in Africa and beyond?
Author: Richard Frimpong Oppong
Publisher: Cambridge University Press
ISBN: 1139497588
Category : Law
Languages : en
Pages : 403
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Book Description
Richard Frimpong Oppong challenges the view that effective economic integration in Africa is hindered by purely socio-economic, political and infrastructural problems. Inspired by the comparative experiences of other regional economic communities and imbued with insights from constitutional, public and private international law, he argues that even if the socio-economic, political and infrastructural challenges were to disappear, the state of existing laws would hinder any progress. Using a relational framework as the fulcrum of analyses, he demonstrates that in Africa's economic integration processes, community-state, inter-state and inter-community legal relations have neither been carefully thought through nor situated on a solid legal framework, and that attempts made to provide legal framework have been incomplete and, sometimes, grounded on questionable assumptions. To overcome these problems and aid the economic integration agenda that is essential for Africa's long-term economic growth and development, the author proposes radical reforms to community and national laws.
Author: East African Law Society
Publisher: Lawafrica Publishing Limited
ISBN:
Category : Business & Economics
Languages : en
Pages : 184
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Book Description
This compendium intends to plug a gap in the information on the rules and regulations governing the practice of law in East Africa and to provide an up-to-date regulatory framework. It aims to encourage comparative analyses and adoption of best practicesfrom across the region and promote a discourse that encourages the harmonisation of legal practice, working towards a ?model code of legal practice, conduct, ethics and etiquette? which enjoys legitimacy, ownership and support throughout the region. It also aspires to compare the region's regulatory framework with international best practices; and to this end includes the United Nations Basic Principles on the Role of Lawyers and the International Bar Associations? International Code of Ethics. It also includes some information on the nascent East African Court of Justice, the court's practice, and arbitration rules.
Author: Charles N. Brower
Publisher: Oxford University Press
ISBN: 0192848089
Category : Law
Languages : en
Pages : 625
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Book Description
Distinguished scholars and practitioners commemorate and expand upon the work of international judge, arbitrator, and professor, David D. Caron (1952-2018). By Peaceful Means is an insightful examination of how international dispute resolution seeks to avert disaster and mitigate discord, and how it might continue to do so in our uncertain future.
