A proposal for international arbitration law in Namibia based on the UNCITRAL Model Law on International Commercial Arbitration
International business arbitration is not covered by Namibia’s present arbitration law, the Arbitration Act 42 of 1965 (the Act). There is no explicit language in the Act that addresses foreign arbitration as the Act, solely by default, covers national or domestic arbitration. When it comes to inter...
| Main Authors: | , |
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| Format: | Article |
| Language: | Afrikaans |
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Pretoria University Law Press
2023-01-01
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| Series: | De Jure |
| Subjects: | |
| Online Access: | https://www.dejure.up.ac.za/warikandwa-t-v-usebiu-l |
| _version_ | 1797257977165512704 |
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| author | Tapiwa Victor Warikandwa Lineekela Usebiu |
| author_facet | Tapiwa Victor Warikandwa Lineekela Usebiu |
| author_sort | Tapiwa Victor Warikandwa |
| collection | DOAJ |
| description | International business arbitration is not covered by Namibia’s present arbitration law, the Arbitration Act 42 of 1965 (the Act). There is no explicit language in the Act that addresses foreign arbitration as the Act, solely by default, covers national or domestic arbitration. When it comes to international arbitration, the Act has many flaws. Modern commercial arbitrations are increasingly being guided by the Model Law on International Commercial Arbitration (MLICA) of UNCITRAL (the United Nations Commission on International Trade Law) or by state legislation that has been influenced by it. It is undeniable that Namibia must embrace MLICA, including the majority of the 2006 revisions of the MLICA, in order to participate in the global economic village. Furthermore, Namibia has not yet ratified the 1958-adopted New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (CREFAA), which has been hailed as the most effective treaty governing global trade. This article suggests that Namibia should implement both the MLICA and the CREFAA. If this strategy is not adopted, businesses in Namibia will be hesitant to engage in international business transactions due to the lack of legal certainty that the New York Convention and contemporary domestic arbitration legislation bring. |
| first_indexed | 2024-04-24T22:46:12Z |
| format | Article |
| id | doaj.art-d16f0aa794a44c4e8ffbdc2df9f7243b |
| institution | Directory Open Access Journal |
| issn | 1466-3597 2225-7160 |
| language | Afrikaans |
| last_indexed | 2024-04-24T22:46:12Z |
| publishDate | 2023-01-01 |
| publisher | Pretoria University Law Press |
| record_format | Article |
| series | De Jure |
| spelling | doaj.art-d16f0aa794a44c4e8ffbdc2df9f7243b2024-03-18T11:38:23ZafrPretoria University Law PressDe Jure1466-35972225-71602023-01-0156A proposal for international arbitration law in Namibia based on the UNCITRAL Model Law on International Commercial ArbitrationTapiwa Victor Warikandwa0Lineekela Usebiu1Senior Lecturer, School of Law, University of NamibiaSenior Lecturer, School of Law, University of Namibia, PhD Candidate (UCT)International business arbitration is not covered by Namibia’s present arbitration law, the Arbitration Act 42 of 1965 (the Act). There is no explicit language in the Act that addresses foreign arbitration as the Act, solely by default, covers national or domestic arbitration. When it comes to international arbitration, the Act has many flaws. Modern commercial arbitrations are increasingly being guided by the Model Law on International Commercial Arbitration (MLICA) of UNCITRAL (the United Nations Commission on International Trade Law) or by state legislation that has been influenced by it. It is undeniable that Namibia must embrace MLICA, including the majority of the 2006 revisions of the MLICA, in order to participate in the global economic village. Furthermore, Namibia has not yet ratified the 1958-adopted New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (CREFAA), which has been hailed as the most effective treaty governing global trade. This article suggests that Namibia should implement both the MLICA and the CREFAA. If this strategy is not adopted, businesses in Namibia will be hesitant to engage in international business transactions due to the lack of legal certainty that the New York Convention and contemporary domestic arbitration legislation bring.https://www.dejure.up.ac.za/warikandwa-t-v-usebiu-lcommercial arbitration lawarbitration act 42 of 1965namibiainternational commercial arbitration |
| spellingShingle | Tapiwa Victor Warikandwa Lineekela Usebiu A proposal for international arbitration law in Namibia based on the UNCITRAL Model Law on International Commercial Arbitration De Jure commercial arbitration law arbitration act 42 of 1965 namibia international commercial arbitration |
| title | A proposal for international arbitration law in Namibia based on the UNCITRAL Model Law on International Commercial Arbitration |
| title_full | A proposal for international arbitration law in Namibia based on the UNCITRAL Model Law on International Commercial Arbitration |
| title_fullStr | A proposal for international arbitration law in Namibia based on the UNCITRAL Model Law on International Commercial Arbitration |
| title_full_unstemmed | A proposal for international arbitration law in Namibia based on the UNCITRAL Model Law on International Commercial Arbitration |
| title_short | A proposal for international arbitration law in Namibia based on the UNCITRAL Model Law on International Commercial Arbitration |
| title_sort | proposal for international arbitration law in namibia based on the uncitral model law on international commercial arbitration |
| topic | commercial arbitration law arbitration act 42 of 1965 namibia international commercial arbitration |
| url | https://www.dejure.up.ac.za/warikandwa-t-v-usebiu-l |
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