oa Comparative and International Law Journal of Southern Africa - Prorogatio fori of peregrini parties
|Article Title||Prorogatio fori of peregrini parties|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 Cape Bar|
|Publication Date||Jul 1987|
|Pages||244 - 249|
|Keyword(s)||Arbitration, Choice of forum clauses, Doctrine of effectiveness, Jurisdiction, Peregrinus, Prorogatio fori and South African law|
This article discusses what happens within South African law with two particular rules that have been developed. These rules are: first, if a defendant or his property is within the area of another division of the Supreme Court of the Republic, he is not treated as a peregrinus; second, if the defendant is a peregrinus - ie not an incola in the area of any division - there must ordinarily be an arrest of his person or an attachment of his property. What the position is if the peregrinus defendant has submitted to the jurisdiction of the court, particularly where the plaintiff too is a peregrinus, is unclear from the case law. It should here be pointed out that as a rule a judge feels bound to follow the earlier judgments of his court unless convinced that they were incorrectly decided, or more specifically, a single judge when confronted with a single-judge decision of his own or linked division, feels in duty bound to follow it unless satisfied that it is clearly wrong.
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