scholarly journals Enforcement of Arbitral Awards in Nigeria and the Jigsaw of Limitation Period: The Need for Compliance with Global Best Practices

2021 ◽  
Vol 15 (1) ◽  
pp. 107-138
Author(s):  
David Tarh-Akong Eyongndi
Keyword(s):  
United Kingdom ◽  
Best Practices ◽  
Justice System ◽  
Legal Framework ◽  
International Arbitration ◽  
Foreign Judgment ◽  
The Law

In Nigeria, the limitation period begins to run from the date the dispute leading to the arbitration arose instead of when the award was rendered. While highlighting the rationale and effect of limitation period to the jurisdiction of court, I argue that the period set out in the Arbitration and Conciliation Act (ACA) for enforcement of arbitral awards fails to countenance the inherent delays in Nigeria’s justice system which can be exploited to render the enforcement of an award nugatory. The operationalisation of limitation period unless amended, can be a dissuading factor for choosing Nigeria as a seat of international arbitration which rubs her of the attendant benefits. It is further argued that, anyone, wishing to enforce an award in Nigeria, must ingeniously act timeously to avoid untoward outcome due to the repressive limitation period. This article identifies registration of award pursuant to Foreign Judgment (Reciprocal Enforcement) Act as a leeway to enforce foreign arbitral awards. It compares the practice in Nigeria with jurisdictions like India, Canada, United Kingdom and Ethiopia and draw lessons for Nigeria. It makes a case for amendment of the existing legal framework to bring the law on limitation of time in tandem with global best practices.

Surrogacy and public policy

2021 ◽  
Vol 72 (3) ◽  
pp. 588-595
Author(s):  
Elaine O’Callaghan
Keyword(s):  
Public Policy ◽  
United Kingdom ◽  
Supreme Court ◽  
Legal Framework ◽  
Commercial Surrogacy ◽  
The United Kingdom ◽  
The Supreme Court ◽  
The Law

The Supreme Court in the United Kingdom has held that it is not contrary to public policy to award damages in tort to fund a commercial surrogacy in another jurisdiction where this is lawful. This significant decision, in the case of Whittington Hospital NHS Trust v XX [2020] UKSC 14, will potentially have an impact on the regulation and reform of surrogacy law in the United Kingdom, Ireland and internationally. The judgment delivered by Lady Hale draws attention to multiple inconsistencies in the law, and it highlights, in particular, the need for effective regulation of domestic surrogacy. Legislators face an important and imminent challenge to reconcile the reality of commercial surrogacy with a deficient legal framework. This article seeks to highlight some of the important issues which this case has raised when considering regulation and reform of surrogacy law.

Legal Framework for Industrial Hubs

2020 ◽  
pp. 966-984
Author(s):  
Won Kidane ◽  
Belachew M. Fikre
Keyword(s):  
Economic Policy ◽  
Best Practices ◽  
Parallel Systems ◽  
Legal Framework ◽  
Legal Systems ◽  
General Applicability ◽  
Origin And Evolution ◽  
Wide Range ◽  
The Law ◽  
Legal Frameworks

Industrial hubs, as instruments of economic policy, are unapologetic creations of the law. They take different forms but are essentially realized through a regime of waivers and exceptions to the rules of general applicability. The legal framework, quintessentially domestic in nature, is an embodiment of the Latin maxim lex specialis derogat legi generali. The lex specialis is ipso facto a function of each domestic system. Any exposition of the institutional and legal framework of industrial hubs is thus necessarily an appraisal of a series of parallel systems of law in varied jurisdictions representing a wide range of legal systems. The fundamental commonalities of the features of this regime of waivers and exceptions do, however, permit a systematic and unified appraisal. This chapter identifies the conceptual origin and evolution of the institutional and legal frameworks of industrial hubs, evaluates their function in a comparative context, and assesses the extent of harmonization across jurisdictions and the possible emergence of some useful transnational best practices.

scholarly journals Rationalizing injustice: The reinforcement of legal hegemony in South Africa

2019 ◽  
pp. 7-18
Author(s):  
Thato Masiangoako
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Legal System ◽  
Justice System ◽  
Legal Framework ◽  
Legal Consciousness ◽  
Student Activists ◽  
Community Activists ◽  
The Law

The legal system in South Africa holds a legitimate and authoritative position in the country’s constitutional democracy and political order, despite the commonplace experiences of injustice that take place at the hands of the criminal justice system. This article looks at how the legal consciousness of community activists, student activists and migrants is shaped by experiences of arrest and detention, and focuses particularly on how their perceptions of the law reinforce the legitimacy and hegemonic status enjoyed by the criminal justice system and broader legal system in South Africa. The article draws on original interviews with community activists, student activists and migrants, who recounted their experiences of arrest and detention. Using a socio-legal framework of legal consciousness, the article unpacks how these groups reinforce legal hegemony through the ways in which they understand and rationalise their experiences of punishment. Despite the reasonable expectation that those who have experienced a miscarriage of justice would be most sceptical and pessimistic about the law’s legitimacy, this article finds that they continue to maintain their faith in the law. The article presents an analysis of interviews conducted with members of these groups, and shares evidence that begins to explore some of the ways in which South Africa’s criminal justice system is able to sustain its legitimacy, despite the gaps between what the law ought to be and what the law actually is.

7 Germany

2014 ◽  
Author(s):  
Happ Richard
Keyword(s):  
International Trade ◽  
United Kingdom ◽  
United Nations ◽  
Legal Framework ◽  
International Arbitration ◽  
Trade Law ◽  
International Trade Law ◽  
The United Kingdom ◽  
Model Law

This chapter evaluates the merits of Germany as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Germany; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that Germany offers a modern and effective legal framework for international arbitration. As in other popular arbitration jurisdictions, there are deviations from the United Nations Commission on International Trade Law (UNCITRAL) Model Law regarding the courts' control of and assistance in the proceedings that do not affect Germany' s general suitability as arbitration venue. Nevertheless, a German venue is not always on the shortlist of counsel and arbitral tribunals. One possible obstacle in the minds of foreign lawyers is that there is not a single German arbitration venue akin to London for the United Kingdom or Paris for France. Instead, there are at least six suitable venues in Germany. The ability to choose should not be seen as an obstacle, but rather as an advantage.

scholarly journals What’s law got to do with it? Comparing the failure to deter or convict rapists in the United Kingdom and South Africa

2019 ◽  
Vol 26 (2) ◽  
pp. 212-233
Author(s):  
Maggie Wykes ◽  
Lillian Artz
Keyword(s):  
South Africa ◽  
United Kingdom ◽  
Criminal Justice ◽  
Lived Experiences ◽  
Justice System ◽  
Similar Process ◽  
The United Kingdom ◽  
Willingness To Change ◽  
The Law ◽  
The Uk

The journey from reporting rape to convicting rapists is complex, leading to high attrition and non-conviction rates. After wide consultation, the law in England and Wales was revised in 2003 to try to secure more convictions. In South Africa, a similar process occurred to produce a new law in 2007. Nonetheless, reported rapes have risen and conviction rates have fallen in both jurisdictions and it has been suggested that the failure of the criminal justice system to deal with ‘rape…encapsulates the sheer inadequacy of the law’ (Wykes and Welsh, 2009: 111) and offers little hope of justice to victims and little deterrence to perpetrators. In South Africa little has changed, except more is known about ‘the lived experiences of sexual violence’ (Artz and Smythe, 2007: 17) and more support is offered to victims after the event. This article explores the part played by law in dealing with rape, through a comparison of the UK and South Africa. Critical gendered analysis of their respective rape laws leads to the conclusion that that law cannot work effectively to deter or convict rapists: only men’s willingness to change can stop rape.

scholarly journals LEGAL FRAMEWORK OF ARREST AND POST-ARREST SAFEGUARDS: A COMPARATIVE ANALYSIS AS TO THE LAWS OF BANGLADESH, INDIA, AND THE UNITED KINGDOM

2021 ◽  
Vol 29 (2) ◽  
pp. 363-386
Author(s):  
Nadhratul Wardah Salman ◽  
Md Sohel Rana ◽  
Saroja Dhanapal
Keyword(s):  
United Kingdom ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Past Research ◽  
Developed Countries ◽  
Legal Framework ◽  
Good Practices ◽  
Legal Structure ◽  
The United Kingdom

The rights of arrested persons during arrests and after arrests are significantly important because the act of arrest restricts persons’ rights to liberty that are protected by the laws of all countries including Bangladesh, India, and the United Kingdom (UK). These restrictions have raised several concerns over the years. While compliance with the laws on arrest is mandatory, the actual implementation of these laws is still questionable. There are obvious gaps between the provisions of the existing laws and the actual practice. Past research also suggests that the legal structure of arrest and post-arrest in Bangladesh should be revised in comparison with the criminal justice systems of other developed countries where rights of those arrested are safeguarded. However, past research has not compared other jurisdictions, and neither is there any research conducted on best practices of other jurisdictions. As such, this article analyses the various aspects of arrest and post-arrest safeguards that exist in all the three jurisdictions, and identifies good practices to safeguard the arrested person more effectively. The objective of identifying good practices from India and the UK is to use them as a paradigm for the criminal justice system of Bangladesh. This is done through the application of a qualitative research methodology using content analysis as the approach to analyse primary and secondary sources. The comparison includes discussion on the right to know the reason of arrest, right to be brought to court, right to be free from torture, right against self-incrimination, right to be medically examined and the remedial aspect of ‘habeas corpus’. These rights that are significantly related to the rights to life and liberty, fair trial and to be presumed innocent until proven guilty. The findings show that the UK’s legal framework is far better than the ones in India and Bangladesh. It is suggested that the protection provisions enshrined in the existing criminal justice system and the current legal structure should play an important role through specific court rulings. Further, it is asserted that the police department should take accountability by incorporating the necessary changes into the existing legal structure to ensure justice prevails. The paper ends with a recommendation that monetary compensation, and a physical exemplary punishment should be imposed to ensure the safeguards of individual, both at the time of arrest and post-arrest are upheld.

scholarly journals Equal pay for work of Equal value in terms of the Employment Equity Act 55 of 1998: Lessons from the International Labour Organisation and the United Kingdom

2016 ◽  
Vol 19 ◽  
Author(s):  
Shamier Ebrahim
Keyword(s):  
United Kingdom ◽  
Legal Framework ◽  
International Labour Organisation ◽  
Employment Equity ◽  
Equal Pay ◽  
The United Kingdom ◽  
The Law ◽  
Labour Organisation

The purpose of this article is to critically analyse the law relating to equal pay for work of equal value in terms of the EEA (including the Employment Equity Regulations) and evaluate it against the equal pay laws of the ILO and the United Kingdom which deals with equal pay for work of equal value. Lastly, this article seeks to ascertain whether the EEA (including the Employment Equity Regulations) provides an adequate legal framework for determining an equal pay for work of equal value claim.

Surrogacy and public policy

2021 ◽  
Vol 72 (AD2) ◽  
pp. 29-35
Author(s):  
Elaine O'Callaghan
Keyword(s):  
Public Policy ◽  
United Kingdom ◽  
Supreme Court ◽  
Legal Framework ◽  
Commercial Surrogacy ◽  
The United Kingdom ◽  
The Supreme Court ◽  
The Law

The Supreme Court in the United Kingdom has held that it is not contrary to public policy to award damages in tort to fund a commercial surrogacy in another jurisdiction where this is lawful. This significant decision, in the case of Whittington Hospital NHS Trust v XX [2020] UKSC 14, will potentially have an impact on the regulation and reform of surrogacy law in the United Kingdom, Ireland and internationally. The judgment delivered by Lady Hale draws attention to multiple inconsistencies in the law, and it highlights, in particular, the need for effective regulation of domestic surrogacy. Legislators face an important and imminent challenge to reconcile the reality of commercial surrogacy with a deficient legal framework. This article seeks to highlight some of the important issues which this case has raised when considering regulation and reform of surrogacy law.

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