In February 2024, the International Bar Association (the “IBA”) released the most recent version of the IBA Guidelines on Conflicts of Interest in International Arbitration (the “2024 IBA Guidelines”). The new 2024 IBA Guidelines introduce several notable updates to the previous 2014 version of the Guidelines.[1] Conflicts of interest are important. An undisclosed conflict of […]
Arbitration in the Maldives
International arbitration in the Maldives is governed by the Maldives Arbitration Act No. 10/2013 (the “Arbitration Act”), whose key features are discussed below. Scope of Application of the Arbitration Act The Arbitration Act applies when the seat of an arbitration is the Maldives (Section 4(a) of the Arbitration Act), except for Section 15 (stay of […]
International Arbitration in South Africa
International arbitration in South Africa has experienced a surge in recent years, especially after the introduction of the International Arbitration Act (IAA) in 2017, making South Africa a real “regional arbitration hub with considerable success.”[1] Historically, arbitration in South Africa was governed by the Arbitration Act 42 of 1965, which primarily dealt with domestic arbitration. […]
Provisional Measures Through the Lens of the ICJ’s Decision in South Africa v. Israel
Provisional measures are a temporary remedy granted by courts and tribunals in exceptional circumstances. Provisional measures aim to preserve the respective rights of the parties pending the decision of the court or tribunal.[1] While it is generally accepted that provisional measures can be granted in international arbitration, as before the ICJ, the circumstances under which […]
Fixed Deadlines in Arbitration Agreements: Pros and Cons
Arbitration, as an alternative dispute resolution mechanism, has gained broad acceptance due to its flexibility, efficiency, and ability to provide a simplified method for resolving disputes. Time management is crucial to the efficiency of arbitration, as prolonged disputes can result in higher costs and reduce its advantages. The question of whether fixed deadlines in arbitration […]