Bilshan Nursimulu of 5 Fifteen Barristers considers the Mauritius-based disputes that can arise from offshore investments, particularly where debt is involved.
Uncitral model law and asian arbitration laws implementation and comparisons | Arbitration, dispute resolution and mediation cambridge.org - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from cambridge.org Daily Mail and Mail on Sunday newspapers.
Bilshan Nursimulu of 5 Fifteen Barristers considers the Mauritius-based disputes that can arise from offshore investments, particularly where debt is involved.
To embed, copy and paste the code into your website or blog:
On 2 April 2021, Ethiopia enacted a new arbitration law, known as the Arbitration and Conciliation Working Procedure, Proclamation Number 1237/2021 (the Proclamation ), to apply to commercial domestic arbitrations and international arbitrations whose seat is in Ethiopia.
1
The new law is part of larger efforts in the country to modernize its laws and position Ethiopia as business-friendly, thereby attracting more foreign investment. Ethiopia is the second most populous country in Africa, with a population of over 112 million, and the fastest-growing economy in the region according to the World Bank.
2
Prior to the enactment of the new law, under the previous legal framework for arbitration in Ethiopia, there was a limitation on the scope of the competence-competence doctrine, which allows arbitrators to rule on their own jurisdiction. While the Civil Code allows arbitrators to rule on their jurisdiction, Article 3330(
In the recent case of
Convexity Ltd. v. Phoenixfin Pte Ltd., Mek Global Ltd. and Phoenixfin Ltd. [2021] SGHC 88, the Singapore High Court departed from its pro-arbitration stance and set aside an arbitral award. The Singapore High Court found that the arbitral tribunal had labored under the misapprehension that parties had agreed to include an unpleaded issue into the scope of submission, though the applicant had repeatedly objected to the same. The unpleaded issue formed the central basis for the tribunal’s decision to dismiss the applicant’s claims. In setting aside the arbitral award, the Singapore High Court agreed that there had been a breach of natural justice, the award had dealt with issues outside the scope of submission, and the arbitral procedure agreed by the parties had been departed from.