There are two main agreements which relate to an arbitration, namely, the substantive contract and the arbitration agreement. This is reinforced by the principle of separability of the arbitration agreement, be it in the form of an arbitration clause within the...
Trends in International Commercial Arbitration: A Look at Party Autonomy in Multi-Party Arbitral Proceedings
One of the major advantages of the choice of arbitration over courtroom litigation is the key principle of party autonomy. It guarantees the consensus of parties on the appointment of their arbitrator/arbitrators, the choice of arbitral institution/ rules, the choice...
Very recently, the ICJ has delivered its Judgment in the long standing maritime border dispute between Kenya and Somalia, over the oil and gas rich triangular territory in the Indian Ocean. Largely, the ruling was delivered in favour of Somalia
Maritime disputes under private international law involves non-state actors conducting business across jurisdictions or countries, commonly referred to as international commercial law. Traditionally, disputes falling within this domain are at the behest of contracts/agreements between natural or legal persons, who are nationals of different countries.
It is believed that 80 percent of the world’s population lives on coastal areas whilst 90 percent of international trade is done by sea. Furthermore, approximately 65 percent of the world’s oil reserves and 35 percent of the world’s gas reserves are located in the oceans. The above statistics show that maritime activity substantially accounts for the economic strength of countries and it is in this regard that international law is critical to navigating challenges/disputes that occur on the seas.
ADR is an alternative to court room litigation through the use of various identified techniques such as negotiation, conciliation, mediation and dispute adjudication boards (to name but a few) in the resolution of disputes.