Browsing by Author "Christie, Richard"

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    The development of commercial mediation in South Africa in view of the experience in Europe, North America and Australia
    (2008) Feehily, Ronan; Christie, Richard; Larkin, Michael
    Mediation is not a novel process in South Africa. It was used as the primary method of dispute resolution in some traditional pre-indusrial societies. Corporate South Africa is beset by conflict and urgently requires processes such as mediation which dignify and empower participants to tackle commercial conflict at source. Statutes, case law, books, journals and numerous other publications were reviewed in order to assess the relevant issues in the development of commercial mediation and investigate how this process could become a viable alternative to arbitration and the court system in South Africa. Empirical research gleaned from interviews conducted in Cape Town and Johannesubrg reflects the experience of those who currently act as commercial mediators. The ultimate aim of this process is to reach agreement. In light of this extensive jurisprudence that has developed in this area in othe jurisdictions, careful drafting of agreements can go a long away in avoiding enforcement complications. The conversion of a settlement agreement into a judgment or award has proved useful on the small number of occasions when compliance with a settlement appears that it may be an issue. A delicate balance is required between supporting mediation, on the one hand, and not freezing litigation or upholding illegiality, on the other. Absolute rules or uniform statutes, while appearing to offer straightforward rules for an informal process, can in practice prove overreaching or inappropriate. A possible middle path could protect mediation confiddentiality and also allow evidence about the mediation to be admitted in limited curcumstances to be specified by the court on a case-by-case basis.
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    The International Standard Banking Practice for the examination of documents under documentary credits, ICC Publ. Nr. 645
    (2004) Goebel, Patrick; Christie, Richard
    The heart of this paper deals with the so-called "International Standard Banking Practice" (ISBP), its role in the world of documentary credits and in banking and trading business as a whole, its legal standing and its content. Despite the fact that the ISBP is expected to play an important role in the legal area of documentary credits, the ISBP has not yet been legally commented on in recognized academic legal circles. It is however an area that is significantly important enough to warrant examination and critique. This thesis is an attempt to make a contribution in this respect.