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| Title: | The recognition and enforcement of foreign arbitral awards in the Comesa/SADC region: an analysis of legal developments |
| Author: | Ringo, Frederick S. |
| Year: | 1993 |
| Periodical: | Lesotho Law Journal: A Journal of Law and Development |
| Volume: | 9 |
| Issue: | 1 |
| Pages: | 185-201 |
| Language: | English |
| Geographic terms: | East Africa Southern Africa |
| Subjects: | foreign investments legislation international arbitration |
| Abstract: | Governments of the member States of Comesa (Common Market for Eastern and Southern Africa) and the SADC have been attempting to create a favourable investment climate for foreign investments by the promulgation of new investment laws and the signing of bilateral investment protection treaties. Although most of these laws and treaties contain provisions that provide for arbitration in case of disputes arising out of investment agreements entered into between Comesa/SADC enterprises and foreign investors, such provisions do not provide a holistic perception in relation to the recognition and enforcement of arbitral awards within the Comesa/SADC region. And despite colonial legislative enactments that provide for arbitration of commercial disputes, the colonialists never left behind a tradition or institutional setup that practised and developed the law within the region. However, recent legal developments, both at international and regional levels, have had a positive influence on the modernization of Comesa/SADC arbitration laws relating to the recognition and enforcement of arbitral awards. These include the 1958 New York Convention, the 1985 UN Commission on International Trade Regulation (UNCitral) Model Law and the Djibouti Code of International Arbitration, 1984. Notes, ref. |