Autonomy and due process in arbitration: recalibrating the balance

Roodt, C. (2011) Autonomy and due process in arbitration: recalibrating the balance. European Journal of Law Reform, 2011(3-4), pp. 413-434.

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Abstract

Conflicts of jurisdiction between a state court and an arbitral tribunal occur in two different scenarios: (a) claimant X institutes a court action and the defendant subsequently commences with arbitration or requests to be referred to arbitration (as envisaged by the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards – NYC); and (b) claimant X commences arbitration and the defendant subsequently challenges in a national court. X should be able to seek a stay of the parallel litigation on the ground of the existence of a valid agreement to arbitrate the dispute, but the duty on the part of South African courts to do so is not clearly legislated, nor is it as well-understood as it deserves to be. Various interests have fallen into disharmony in this area of the law.

Item Type:Articles
Status:Published
Refereed:Yes
Glasgow Author(s) Enlighten ID:Roodt, Dr Hendrika Christ
Authors: Roodt, C.
College/School:College of Arts > School of Culture and Creative Arts > History of Art
Journal Name:European Journal of Law Reform
Publisher:Eleven International Publishing
ISSN:1387-2370

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