Dispute Resolution within Africa

A Journey Forward
2024
ISBN: 978-3-031-76260-4
Verlag: Springer Nature Switzerland

Buch, Englisch, 146 Seiten, Format (B × H): 160 mm x 241 mm, Gewicht: 405 g

The main topic is dispute resolution within specific Africa countries, and the journey of Africa becoming a global leader as the seat of dispute resolution, focusing on the mechanisms of mediation, arbitration, conciliation and negotiation. In international commercial transactions, it is inviolable that disputes arise, and the commercial contracts provide for a med-arb clause, and parties go to private forums to resolve the dispute. Negotiation becomes a key tactic embedded into the mediation techniques and style adopted, to ensure success of proceedings. If mediation fails then arbitration is the last stage to determine the finality of the dispute, when an award is given after hearing evidence, this final award is not appealable. The journey of Africa being a global leader encouraged partnerships with internationalinstitutions, practices and trends, but it is a journey that is necessary to overtake the European and American seats. This book provides scholars with the opportunity to navigate the journey of Africa becoming a main seat for dispute resolution and a leader in the international realm of alternative dispute resolution.

Zielgruppe

Research

Autoren/Hrsg.

Baboolal Frank, Rashri

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung
• Rechtswissenschaften Ausländisches Recht Afrika (außer Südafrika)
• Rechtswissenschaften Allgemeines Verfahrens-, Zivilprozess- und Insolvenzrecht Zivilprozessrecht Streitschlichtung, Mediation

Inhaltsverzeichnis

Chapter 1: Artificial Intelligence Readiness in South Africa.- Chapter 2:An Overview of Alternative Dispute Resolution in Africa.- Chapter 3:An Evaluation of International Commercial Arbitration Theories.- Chapter 4: : A Review of the Indigenous Methods of Resolving Problems for African Continental Issues.- Chapter 5: The role of mediation in Land disputes in Africa.- Chapter 6: A Review Of The Role Of Legal Counseling In Effective Mediation.- Chapter 7: An assessment of Africa as the leader of Alternative dispute resolution.- Chapter 8: A Comparative Study of Nigeria and South Africa from an enforcement perspective.- Chapter 9: Administrative Tribunals in South Africa and Alternative Dispute Resolution.- Chapter 10: The future of Alternative Dispute Resolution within the developing and expanding BRICS.

Über Autor(innen)

Professor Rashri Baboolal-Frank joined the Department of Procedural Law in the Faculty of Law at the University of Pretoria as a lecturer in February 2014. Prior to joining the University she practised as an attorney in Cape Town, Western Cape. She practised commercial litigation, criminal law, general litigation and resolution of property disputes. Subsequently gaining experience as an attorney, she sought to become an advocate. She has removed herself as a practising attorney and enrolled as an advocate after completing the necessary pupillage training and required exams. She has concluded various trials, special motions, opposed motions and appeals, as she has a passion for litigation. Prof. Baboolal-Frank was promoted to Associate Professor in January 2023. She completed her LLB at the University of KwaZulu Natal. She obtained her Master’s degree in Commercial Law (LLM) from the University of Cape Town. She completed her LLD from the University of Pretoria entitled “A Critical Analysis of Tribunals in South Africa to create a harmonised tribunal system”. She completed the AFSA postgraduate certificate course in Alternative Dispute Resolution, cum laude in conjunction with the University of Pretoria. She holds her Master’s in Business Administration (MBA) from the University of South Wales in the United Kingdom. Prof. Baboolal-Frank recently completed her Bachelor of Science in Biomedical with distinction from the University of South.Prof. Baboolal-Frank is a leader in her field, as she was awarded the National Research Foundation C3 rating, which illustrates her prominence in her field from the plethora of publications. She has many achievements to mention. She has successfully won numerous cases as the leading counsel for litigious cases. She is cited by her peers in academic work. She has been contacted by the media to give her legal opinion. She is often invited as a book reviewer for books that are published in her field and are internationally recognised. She is a peer reviewer for more than 10 international and national journals that are recognised, accredited and indexed. She is a certified arbitrator for the commercial panel for the Arbitration Foundation of Southern Africa. She is a member of the Chartered Institute of Arbitrators, she is a member of the London Court of International Arbitration, she is a member of the Asian Institute of Alternative Dispute Resolution and she is an associate member of the Singapore Institute of Arbitrators.