Abstract

International Commercial Arbitration has become the preferred method of resolving international commercial disputes. Due to this preference, investment and trade have increased. Over the years institutional rules have been preferred over ad hoc arbitration rules. This is despite the fact that most institutional rules are based on the model UNCITRAL Law, which is ad hoc by design. The nature of arbitration is that it allows parties to decide how disputes will be governed with expectations of certainty in the process and desired outcome of disputes. With the support of the proposed arbitration law and centre in Malawi, commercial activity is likely to be bolstered. This is due to the ability of arbitration to effectively determine cross-border disputes which has generated trust from commercial parties. Although there has been a shift from litigation to international commercial arbitration, supported by strengthening of legal frameworks, commercial parties are still in the quest for certainty.

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School	: School of Law, Economics and Government
Issued Date	: 2015

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