Law students gain insights on cross-border dispute resolution

The School of Law, Economics, and Government’s Private Law Department hosted an international guest, Mr. Hendrik Puschmann, Partner and Co-Head of International Arbitration at Trowers & Hamlins, who delivered a presentation titled Cross-Border Commercial Disputes. The seminar, held at the Law Boardroom on 24th March 2025, was attended by staff members and students from the department, as well as the UNIMA Deputy Vice-Chancellor, Dr. Sunduzwayo Madise.

The Head of the Private Law Department, Dr. Bernadette Malunga, welcomed and expressed appreciation for Mr. Puschmann’s visit. Mr. Puschmann’s presentation covered various topics, with a particular focus on arbitration. He provided an in-depth explanation of its meaning, addressed common myths surrounding arbitration, and outlined the reasons why parties opt for this dispute resolution mechanism. The seminar offered valuable insights into the importance of distinguishing between key arbitration concepts, such as enforcement and enforceability. Additionally, it introduced fundamental principles like Kompetenz-Kompetenz and highlighted the connection between theoretical knowledge and practical application in legal practice.

The event included a question-and-answer session, making it more interactive. Ms. Lusayo Mulaga, a third-year law student, described the lecture as a valuable refresher on alternative dispute resolution. “The insights into arbitration included the importance of balancing party autonomy with fairness in the procedure, considering cultural and linguistic differences, and recognising technological advancements that now allow arbitration to be conducted online,” she said. “Additionally, the seminar explored the intersection of national courts and international arbitration, investor-state arbitration, and the necessity for arbitrators to uphold ethical standards to ensure a fair, efficient, and effective arbitration process.”

She further noted that while prior knowledge from courses such as Conflict of Laws is essential, it must be complemented by an understanding of arbitration in practice. This approach, she emphasized, would enable students to navigate alternative dispute resolution routes more effectively and apply theoretical concepts in a practical manner.

The speaker’s expertise and real-world experience provided valuable insights into the differences between theoretical foundations and practical realities in arbitration.