Introduction Arbitration is a private dispute resolution mechanism which leads to an enforceable arbitral award. A very crucial cornerstone of international arbitration is consent. In the recent years the scholars have spoken about the ‘dogma of consent’ or the ‘marginalisation’ of it which may be due to the fact that arbitration has evolved and expanded as multiparty situations involving complex jurisdictional issues which have become commonplace. While its historical role was that of an informal and bilateral dispute resolution process. There are numerous ways in which the consent can be assessed in an international arbitration agreement and these will be explored in this essay in order to determine which is the best method to assess the consent in the international arbitration agreement. I. Consent in an international arbitration agreement. The ‘consent’ is a multifaceted term which may have the significance of the expression of consent or the reaching of mutual consent. The a...
What is corroboration? Corroboration connotes support or confirmation in relation to the law of evidence and basically refers to testimony which tends to confirm a fact in issue upon which some evidence has already been given. It is the independent evidence which will render the truth of the testimony more probable as to the commission of the offence and implication of the accused therewith. The peculiar characteristics of corroborative evidence have been set out in the case of R v Beck namely; The evidence comes from an independent source; It must be credible witness; It confirms that the crime or the act has been committed; and The evidence implicates the accused in the commission of the crime or the impugned acting some material particular. The case of DPP v. Hester from common law has shown that one credible witness is enough. The Supreme Court of Mauritius has reaffirmed this principle through the case of Paruit v. R, where it was held the court has...