South Africa's jurisdictional challenge with the under-development of cross-border commercial litigation : litigation v arbitration

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dc.contributor.author Kurasha, Primrose E.R.
dc.date.accessioned 2023-05-24T10:52:55Z
dc.date.available 2023-05-24T10:52:55Z
dc.date.issued 2022
dc.description.abstract Private international law is a globally established field of law however, its pre-eminence in Africa is insignificant and this has been as a result of its relevance, which according to many scholars is arguable. It follows logically therefore, that it is underdeveloped in Africa, and as this article posits, specifically in South Africa. This article advocates for the development of South African private international law by endorsing South Africa as a viable neutral jurisdiction venue for cross-border commercial disputes, in future. According to this article, this is to be achieved by the recognition of neutral jurisdiction clauses in South African courts. This can only be done by developing an effective and just system of cross-border/trans-national litigation. The proposed sound cross-border jurisdictional rules will supplement the newly established transnational arbitration regime. In order to achieve this, this research reflects an integrated comparative approach by establishing comparative perspectives mainly from the UK, USA, Brazil, Kosovo and South Africa.1 Based on its constitutional values of inalienable human rights and access to courts (justice), South Africa stands to gain immensely from incoming commercial arbitration and commercial litigation as forms of dispute resolution. This will establish the country as the preferred venue for arbitration and litigation on the African continent and beyond. en_US
dc.description.department Private Law en_US
dc.description.librarian am2023 en_US
dc.description.uri https://www.dejure.up.ac.za en_US
dc.identifier.citation Kurasha, P.E.R. ‘South Africa’s jurisdictional challenge with the under-development of cross-border commercial litigation: Litigation v Arbitration’, 2022 De Jure Law Journal, 1-27, http://dx.doi.org/10.17159/2225-7160/2022/v55a. en_US
dc.identifier.issn 1466-3597 (print)
dc.identifier.issn 2225-7160 (online)
dc.identifier.other 10.17159/2225-7160/2022/v55a1
dc.identifier.uri http://hdl.handle.net/2263/90794
dc.language.iso en en_US
dc.publisher Pretoria University Law Press en_US
dc.rights © Pretoria University Law Press en_US
dc.subject Private international law en_US
dc.subject Africa en_US
dc.subject Scholars en_US
dc.subject South Africa (SA) en_US
dc.subject Arbitration en_US
dc.subject Cross-border commercial litigation en_US
dc.subject Litigation en_US
dc.title South Africa's jurisdictional challenge with the under-development of cross-border commercial litigation : litigation v arbitration en_US
dc.type Article en_US


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