Seat versus venue of arbitration: settling the conflict
Posted: 1 June, 2020 Filed under: Damilola Raji | Tags: Arbitral Panel, Arbitral Tribunal, arbitration, Arbitration Law, arbitration proceedings, ‘seat’ of the arbitration, ‘venue’ and ‘seat’, differences, disputes, Egypt, geographical location, home of international arbitration, legal domicile, Nigeria, procedural rules, seat, venue Leave a comment
Author: Damilola Raji
Kenna Partners Associate
Introduction
Disputes are an indispensable phenomenon in commercial relationships and arbitration, undoubtedly, is one of the oldest methods of resolving disputes. The flexibility in arbitration allows parties to determine the procedural rules that should be applicable where parties eventually go into arbitration. Consequently, the flexibility of arbitration reserved the rights for parties to determine the ‘venue’ and ‘seat’ of the arbitration. These two fundamental concepts have been the subject of several controversies in Arbitration. I shall proceed to consider the differences and nexus between ‘venue’ and ‘seat’ of arbitration.
The impact of Internet shutdowns in Africa
Posted: 21 February, 2019 Filed under: Tomiwa Ilori | Tags: ACHPR, Africa, African Charter on Human and Peoples' Rights, African Governments, Arab-spring, Democratic Republic of Congo (DRC), digital rights, Egypt, electoral malpractices, Freedom of Expression And Access to Information, general elections, ICCPR, ICESCR, internet, internet shutdown, Johannesburg Principles on National Security, national security, public protests, shutdown, Siracusa Principles, state power, Sudan, technology, violations, Zimbabwe 1 Comment
Author: Tomiwa Ilori
LLD Candidate, Centre for Human Rights, University of Pretoria
In the past, authoritarianism like any other form of illegitimacy has always been paranoid of disruptions. The internet, since its decentralisation in the last century, has blurred boundary lines, projected a classless society and looked to upset apple carts in political spaces. It is typical that this form of “magic” that could redefine state power rattled many governments. African governments soon began to show overt signs of paranoia and not too long, Africa became the first continent to experience an internet shutdown in Egypt on 28 January 2011. Since then, several governments in Africa have constantly violated digital rights with the justification of national security which supposes that both are mutually exclusive.
The right to happiness in Africa
Posted: 13 July, 2016 Filed under: Saul Leal | Tags: Africa, apartheid, Christopher Mbazira, colonialism, constitution, David Bilchitz, economic development, Egypt, employment, Frederick Fourie, freedom, Ghana, Justice Albie Sachs, Leopold Sadar Senghor, Liberia, liberty, Namibia, Nigeria, racism, right to happiness, right to life, safety, security, South Africa, Steve Biko, Stu Woolan, Swaziland 3 Comments
Author: Saul Leal
Vice-Chancellor Postdoctoral Fellow, Institute for International and Comparative Law in Africa (ICLA)
Leopold Sedar Senghor said: emotion is African.[1] This emotion has been channeled to constitutions. Happiness is a core value in many African constitutions. It was explicitly mentioned in Liberia, Namibia, Ghana, Nigeria, Swaziland, and Egypt.
Article 1 of the Constitution of Liberia, 1986, proclaims that all free governments are instituted by the people’s authority, for their benefit, and they have the right to alter and reform it when their safety and ‘happiness’ require it.[2] The preamble of the Egyptian Constitution, 2014, cites ‘a place of common happiness for its people’. The Namibian Constitution, 1990, assures the right ‘to the pursuit of happiness’. In this regard, Frederick Fourie defends the preamble of the Namibian Constitution, explaining that it is coloured by the struggle against colonialism and racism; that it is built around the denial of the ‘right of the individual life, liberty and the pursuit of happiness’ by colonialism, racism and apartheid.[3]
Restrictions on the operation of civil society organizations in Africa violate freedom of association
Posted: 11 June, 2012 Filed under: Esete B Faris | Tags: African Charter on Democracy, civil society, CSOs, Egypt, elections, Eritrea, Ethiopia, freedom of association, funding, governance, human rights monitoring, intimidation, limitations, registration, Zimbabwe 4 Comments
Author: Esete B Faris
LLM (Human Rights & Democratisation in Africa) student, Centre for Human Rights, University of Pretoria
The role of civil society cannot be underestimated in Africa. Despite the fact that several governments are suppressive, there is widespread circulation of information on human rights abuses and successes. This is attributable to the immense role that civil society plays. Without a civil society in Africa, the world would not hastily recognise the shortcomings of African leaders’ regimes.
It is undeniable that an independent and effective civil society contributes to the protection and promotion of democracy and human rights in a country. The role of Civil Society Organisations (CSOs) is to serve as a watchdog at the domestic level and international level. This implies that the right to freedom of association is essential for CSOs to operate effectively and efficiently.
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