LJU4804
ASSIGNMENT 2 (SEMESTER 2)
DUE DATE: 13 September 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than …September 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1
1. Why is this a private international law matter? (1)
ANSWER:
This is a private international law matter because it involves parties from different jurisdictions
(South Africa and Italy) engaged in a commercial transaction. The dispute crosses national
boundaries, necessitating the determination of which country's laws apply to the resolution of
the contractual issues.
2. How would the arbitral tribunal determine the law applicable to the substance of the dispute?
Refer to the relevant provision of the UNCITRAL Model Law on International Commercial
Arbitration, incorporated as Schedule I to the International Arbitration Act 15 of 2017. (3)
ANSWER:
The arbitral tribunal would determine the law applicable to the substance of the dispute in
accordance with Article 28 of the UNCITRAL Model Law on International Commercial Arbitration,
ASSIGNMENT 2 (SEMESTER 2)
DUE DATE: 13 September 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than …September 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1
1. Why is this a private international law matter? (1)
ANSWER:
This is a private international law matter because it involves parties from different jurisdictions
(South Africa and Italy) engaged in a commercial transaction. The dispute crosses national
boundaries, necessitating the determination of which country's laws apply to the resolution of
the contractual issues.
2. How would the arbitral tribunal determine the law applicable to the substance of the dispute?
Refer to the relevant provision of the UNCITRAL Model Law on International Commercial
Arbitration, incorporated as Schedule I to the International Arbitration Act 15 of 2017. (3)
ANSWER:
The arbitral tribunal would determine the law applicable to the substance of the dispute in
accordance with Article 28 of the UNCITRAL Model Law on International Commercial Arbitration,
