Lex arbitri Study guides, Revision notes & Summaries

QUESTION 1 Instructions: Read the set of facts and answer the questions that follow. Mr and Mrs Moloi got married in Mauritius while on holiday there in December 1982. The ceremony was conducted by a friend of Mr Moloi, a marriage officer registered in South Africa and who conducted the ceremony in compliance with the South African Marriage Act. At the time of entering into the marriage, Mr and Mrs Moloi were both domiciled in England, but citizens of Malawi. Shortly after their marriage, ...

QUESTION 1 Instructions: Read the set of facts and answer the questions that follow. Mr and Mrs Moloi got married in Mauritius while on holiday there in December 1982. The ceremony was conducted by a friend of Mr Moloi, a marriage officer registered in South Africa and who conducted the ceremony in compliance with the South African Marriage Act. At the time of entering into the marriage, Mr and Mrs Moloi were both domiciled in England, but citizens of Malawi. Shortly after their marriage, ...

2.1 The Contract contains no choice of law clause. How would the arbitration tribunal determine the law applicable to the substance of the dispute? In respect of private international law, it is of important to determine the law applicable to the various aspects of an international arbitration matter. It is important to understand that there are potentially three different legal systems, or sets of rules, that need to be determined in an international arbitration matter. These are the law o...

Regulatory framework MITs - NAFTA - USMCA - CAFTA - ASEAN Agreement - ECT BITs - Provisions  Preamble  Definitions  Conditions for admission of investments  Substantive rights  Compensation for Losses (War clauses)  Free transfer of payments  Subrogation of risks  State-to-state disputes  Duration - Arbitration  Cooling off period  Written notice  Litigation  Fork in the road  Compensation ICSID Convention ICSID Additional Facili...

What are the theories of arbitration? What is lex arbitri? What is the UNCITRAL Model Law?

Non-ICSID arbitration o UNCITRAL Arbitration Rules  - History  - Transparency o ICSID Additional Facility Rules  - Schedules  - Proceedings  - Disputes  - Secretary-General's prior approval  - Tribunal's constitution  - Provisional measures  - Applicable law  - Remedies vs Award  - Fees & Costs o Non-ICSID Investment Treaty Arbitration  - Lex arbitri  - Parties' chosen rules  - Law of the seat (Directly function/Mandatory function/Sup...

QUESTION 1 Mr and Mrs Moloi got married in Mauritius while on holiday there in December 1982. The ceremony was conducted by a friend of Mr Moloi, a marriage officer registered in South Africa and who conducted the ceremony in compliance with the South African Marriage Act. At the time of entering into the marriage, Mr and Mrs Moloi were both domiciled in England, but citizens of Malawi. Shortly after their marriage, Mr and Mrs Moloi immigrated to South Africa and established a domicile i...