LJU4804 PORTFILIO
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
17 October 2025
NO PLAGIARISM
[Pick the date]
[Type the company name]
,Exam (elaborations)
LJU4804 PORTFILIO (COMPLETE ANSWERS)
Semester 2 2025 - DUE 17 October 2025
Course
Private International Law (LJU4804)
Institution
University Of South Africa (Unisa)
Book
Private International Law
LJU4804 PORTFILIO (COMPLETE ANSWERS) Semester 2 2025 - DUE 17
October 2025; 100% TRUSTED Complete, trusted solutions and explanations.
Ensure your success with us
Oct / Nov 2025 PRIVATE INTERNATIONAL LAW PORTFOLIO LJU4804
EXAMINERS: FIRST: PROF MM WETHMAR-LEMMER SECOND: DR NS SIPHUMA
EXTERNAL: PROF E SCHOEMAN (University of Pretoria / University of
Canterbury) This paper consists of 6 pages. The paper counts 80 marks. The
portfolio runs from 10 – 17 October 2025. PLEASE READ THE FOLLOWING
INSTRUCTIONS CAREFULLY BEFORE ANSWERING THE EXAMINATION
QUESTIONS. How would the arbitral tribunal determine the law applicable to
the merits of the dispute? Note: refer to the relevant provisions of the
International Arbitration Act 15 of 2017. This portfolio must be submitted
before 08:00 on 17 October 2025 (CAT). Students have to submit this
portfolio via myUnisa, therefore no e-mailed portfolios may be accepted. No
extensions will be granted. It is the responsibility of the student to ensure
that the file submitted is not corrupted and can be opened for marking. No
scanned portfolios may be submitted. 2. You must therefore submit this
portfolio as Assessment 3 via myUnisa. When you receive the portfolio,
check whether your submission portal is open/available and let your
lecturers know immediately if your submission portal is not open. 3. The
Declaration of Academic Honesty button must be clicked when submitting
the portfolio examination.
The arbitral tribunal determines the law applicable to the merits of a dispute primarily by
following the parties' choice of law. If the parties have not made such a choice, the tribunal will
apply the rules it considers appropriate.
This process is governed by Section 28 of the International Arbitration Act 15 of 2017 (the
IAA), which incorporates Article 28 of the UNCITRAL Model Law on International
Commercial Arbitration.
,Applicable Law Determination
The relevant provisions of Section 28 of the International Arbitration Act 15 of 2017 stipulate
the following:
1. Choice of Law by the Parties (Party Autonomy)
The arbitral tribunal must decide the dispute in accordance with the rules of law
chosen by the parties as applicable to the merits of the dispute.
Designation of a specific country's law: A designation by the parties of the law or legal
system of a given country is interpreted, unless otherwise expressed, as directly referring
to the substantive law of that country, excluding its conflict of laws rules. This means
the tribunal applies the domestic law of the chosen country, not that country's rules for
determining which country's law should apply (its private international law rules).
2. Absence of Choice by the Parties
If the parties have not made a choice of law, the arbitral tribunal will apply the rules of
law it considers appropriate given all the circumstances.
o This grants the tribunal a broad discretion, allowing it to choose a national legal
system, principles of law, or transnational rules (like lex mercatoria or
transnational commercial law). It doesn't restrict the tribunal to applying the
conflict-of-laws rules of any specific jurisdiction.
3. Decisions ex aequo et bono or as amiable compositeur
The arbitral tribunal is allowed to decide the dispute ex aequo et bono (according to
what is fair and good) or as amiable compositeur (friendly mediator) only if the parties
have expressly authorised it to do so.
4. Terms of the Contract and Trade Usage
In all cases, the arbitral tribunal must decide in accordance with the terms of the
contract and take into account the usages of trade applicable to the transaction.
Summary of the Determination Process
In practice, the arbitral tribunal's determination follows these steps:
1. Check for Party Agreement: Did the parties expressly or implicitly choose the law
governing the contract's merits? If yes, that law is applied.
, 2. Determine Appropriate Rules (if no choice): If there is no agreement, the tribunal
independently determines the "rules of law" it deems appropriate for the dispute, which
could be the law of a particular state, or a combination of legal principles.
3. Adherence to Contract and Trade Usages: Regardless of the chosen or determined
law, the tribunal must interpret and apply the law while considering the contract's express
terms and any relevant trade usages.
4. Special Mandate Check: The tribunal can only decide based on fairness (ex aequo et
bono) if explicitly authorised by the parties.
The IAA 15 of 2017 therefore champions party autonomy but provides a clear mechanism for
the tribunal to proceed when that autonomy hasn't been exercised, ensuring that the tribunal can
reach a decision without being strictly bound to one state's conflict-of-laws rules.
“How would the arbitral tribunal determine the law applicable to the merits of the
dispute? Refer to the relevant provisions of the International Arbitration Act 15 of 2017.”
Let’s go step-by-step so you can write a structured, law-based, exam-appropriate answer.
🔹 Introduction
In international arbitration, determining the law applicable to the merits of the dispute is a
crucial step because it governs the substantive rights and obligations of the parties. In South
Africa, this process is guided by the International Arbitration Act 15 of 2017 (IAA), which
incorporates the UNCITRAL Model Law on International Commercial Arbitration (1985,
with 2006 amendments) into domestic law.
🔹 Relevant Legislative Framework
The relevant provisions are mainly found in Section 7(1) of the International Arbitration Act,
which gives the force of law to the UNCITRAL Model Law, as set out in the Schedule to the
Act.
The key provision dealing with the law applicable to the merits is Article 28 of the
UNCITRAL Model Law, as adopted in the IAA.
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
17 October 2025
NO PLAGIARISM
[Pick the date]
[Type the company name]
,Exam (elaborations)
LJU4804 PORTFILIO (COMPLETE ANSWERS)
Semester 2 2025 - DUE 17 October 2025
Course
Private International Law (LJU4804)
Institution
University Of South Africa (Unisa)
Book
Private International Law
LJU4804 PORTFILIO (COMPLETE ANSWERS) Semester 2 2025 - DUE 17
October 2025; 100% TRUSTED Complete, trusted solutions and explanations.
Ensure your success with us
Oct / Nov 2025 PRIVATE INTERNATIONAL LAW PORTFOLIO LJU4804
EXAMINERS: FIRST: PROF MM WETHMAR-LEMMER SECOND: DR NS SIPHUMA
EXTERNAL: PROF E SCHOEMAN (University of Pretoria / University of
Canterbury) This paper consists of 6 pages. The paper counts 80 marks. The
portfolio runs from 10 – 17 October 2025. PLEASE READ THE FOLLOWING
INSTRUCTIONS CAREFULLY BEFORE ANSWERING THE EXAMINATION
QUESTIONS. How would the arbitral tribunal determine the law applicable to
the merits of the dispute? Note: refer to the relevant provisions of the
International Arbitration Act 15 of 2017. This portfolio must be submitted
before 08:00 on 17 October 2025 (CAT). Students have to submit this
portfolio via myUnisa, therefore no e-mailed portfolios may be accepted. No
extensions will be granted. It is the responsibility of the student to ensure
that the file submitted is not corrupted and can be opened for marking. No
scanned portfolios may be submitted. 2. You must therefore submit this
portfolio as Assessment 3 via myUnisa. When you receive the portfolio,
check whether your submission portal is open/available and let your
lecturers know immediately if your submission portal is not open. 3. The
Declaration of Academic Honesty button must be clicked when submitting
the portfolio examination.
The arbitral tribunal determines the law applicable to the merits of a dispute primarily by
following the parties' choice of law. If the parties have not made such a choice, the tribunal will
apply the rules it considers appropriate.
This process is governed by Section 28 of the International Arbitration Act 15 of 2017 (the
IAA), which incorporates Article 28 of the UNCITRAL Model Law on International
Commercial Arbitration.
,Applicable Law Determination
The relevant provisions of Section 28 of the International Arbitration Act 15 of 2017 stipulate
the following:
1. Choice of Law by the Parties (Party Autonomy)
The arbitral tribunal must decide the dispute in accordance with the rules of law
chosen by the parties as applicable to the merits of the dispute.
Designation of a specific country's law: A designation by the parties of the law or legal
system of a given country is interpreted, unless otherwise expressed, as directly referring
to the substantive law of that country, excluding its conflict of laws rules. This means
the tribunal applies the domestic law of the chosen country, not that country's rules for
determining which country's law should apply (its private international law rules).
2. Absence of Choice by the Parties
If the parties have not made a choice of law, the arbitral tribunal will apply the rules of
law it considers appropriate given all the circumstances.
o This grants the tribunal a broad discretion, allowing it to choose a national legal
system, principles of law, or transnational rules (like lex mercatoria or
transnational commercial law). It doesn't restrict the tribunal to applying the
conflict-of-laws rules of any specific jurisdiction.
3. Decisions ex aequo et bono or as amiable compositeur
The arbitral tribunal is allowed to decide the dispute ex aequo et bono (according to
what is fair and good) or as amiable compositeur (friendly mediator) only if the parties
have expressly authorised it to do so.
4. Terms of the Contract and Trade Usage
In all cases, the arbitral tribunal must decide in accordance with the terms of the
contract and take into account the usages of trade applicable to the transaction.
Summary of the Determination Process
In practice, the arbitral tribunal's determination follows these steps:
1. Check for Party Agreement: Did the parties expressly or implicitly choose the law
governing the contract's merits? If yes, that law is applied.
, 2. Determine Appropriate Rules (if no choice): If there is no agreement, the tribunal
independently determines the "rules of law" it deems appropriate for the dispute, which
could be the law of a particular state, or a combination of legal principles.
3. Adherence to Contract and Trade Usages: Regardless of the chosen or determined
law, the tribunal must interpret and apply the law while considering the contract's express
terms and any relevant trade usages.
4. Special Mandate Check: The tribunal can only decide based on fairness (ex aequo et
bono) if explicitly authorised by the parties.
The IAA 15 of 2017 therefore champions party autonomy but provides a clear mechanism for
the tribunal to proceed when that autonomy hasn't been exercised, ensuring that the tribunal can
reach a decision without being strictly bound to one state's conflict-of-laws rules.
“How would the arbitral tribunal determine the law applicable to the merits of the
dispute? Refer to the relevant provisions of the International Arbitration Act 15 of 2017.”
Let’s go step-by-step so you can write a structured, law-based, exam-appropriate answer.
🔹 Introduction
In international arbitration, determining the law applicable to the merits of the dispute is a
crucial step because it governs the substantive rights and obligations of the parties. In South
Africa, this process is guided by the International Arbitration Act 15 of 2017 (IAA), which
incorporates the UNCITRAL Model Law on International Commercial Arbitration (1985,
with 2006 amendments) into domestic law.
🔹 Relevant Legislative Framework
The relevant provisions are mainly found in Section 7(1) of the International Arbitration Act,
which gives the force of law to the UNCITRAL Model Law, as set out in the Schedule to the
Act.
The key provision dealing with the law applicable to the merits is Article 28 of the
UNCITRAL Model Law, as adopted in the IAA.
