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Independence and impartiality of arbitrators
(North-West University, 2007)
Die reg tot 'n vrye en regverdige verhoor is een van die mees gevestigde internasionale fundamentele regte.1 Die reg om verhoor te word deur 'n onafhanklike en onpartydige hof of tribunaal vorm deel van die reg tot 'n vrye ...
The UNCITRAL model law on international commercial arbitration as basis for international and domestic arbitration in South Africa
(North-West University, 2010)
Commercial arbitration is growing in importance in the modern world. People often use arbitration to ensure adjudication by an expert in the field and although arbitration may not always be quicker, its importance continues ...
The use of digital data as evidence in the south African law
(North-West University, 2005)
Die groeiende gebruik en wye strekking van tegnologie gedurende die afgelope paar jare, het 'n nuwe tipe bewysmateriaal geskep wat in beide siviele en kriminele sake gebruik word: sogenaamdedigitale bewysmateriaal. Soos ...
The "principle of non-discrimination" : the protection of foreign investors under the Protection of Investment Act
(North-West University (South Africa) , Potchefstroom Campus, 2016)
The Protection of Investment Act was assented to by the President of South Africa on 15 December 2015. The objective of this study is to ascertain if the Act adequately protects foreign investors in terms of the World Trade ...
Public policy as a ground for the refusal to enforce international commercial arbitration awards
(North-West University, 2011)
In international commercial arbitration the recognition and enforcement of the award
is a very important aspect of the whole arbitration process since recognition and
enforcement can ultimately ensure a successful recovery ...
The doctrine of separability in respect of the arbitration clause of a contract : a comparative study of English law and South African law
(2014)
Most jurisdictions have over the past two decades experienced reforms with regard to arbitration law. These include England, America, France, Germany and the Netherlands. These reforms were necessary as the trend in the ...
Legal perspectives on the regulation of trade in (conflict) diamonds in Zimbabwe by means of the Kimberley Process Regulation Scheme
(2014)
The Kimberley Process Certification Scheme was born out of international security concerns triggered by rebel groups that were using the proceeds of rough diamonds to fund conflict. Rebel groups used rough diamonds, acquired ...
The admissibility of evidence in tariff classification for customs duty
(2014)
Customs duty represents an inescapable financial obligation in international trade. Such duties are determined by valuing the imported goods according to the classification of the goods. To classify the goods under an ...
Freedom of contract and the enforceability of exemption clauses in view of section 48 of the Consumer Protection Act
(2014)
The law of contract in South African affords parties the freedom to enter into a contract and who they wish to enter with. The general requirements for a legally enforceable contract are consent, good faith, and the sanctity ...
Consumer protection in international electronic contracts
(North-West University, 2011)
Since the Internet became available for commercial use in the early 90s, the way of
doing business was changed forever. The Internet and electronic commerce have
allowed people to carry out business by means of electronic ...