Employees of a Party Ineligible for Appointment as Arbitrator – The Delhi High Court view in Assignia-VIL JV (Assignia) v Rail Vikas Nigam Ltd: April 2016

The Delhi High Court has recently ruled that a party to an arbitration cannot nominate its serving or retired officer as its nominee arbitrator. This view was taken in light of the recent amendments introduced by the Arbitration and Conciliation (Amendment) Act, 2015. The law was earlier governed inter alia by the Supreme Court judgement in Indian Oil Corporation Ltd. […]

English Court Removes Arbitrator for Apparent Bias

In the recent case of Cofely Ltd v Anthony Bingham & Knowles Ltd [2016] EWHC 240, England’s High Court made an order for the removal of the arbitrator (Anthony Bingham), pursuant to section 24 (1)(a) of the Arbitration Act 1996, on the grounds of apparent bias, as in the previous 3 years, 19% of the arbitrator’s appointments and 25% of […]

What is Customary Arbitration?

Customary Arbitration is arbitration in dispute founded on the voluntary submission of the parties to the decision of the arbitrators who are either chiefs or elders of the community. It is uniquely distinct from arbitration under the statute. At the centre of customary arbitration is the settlement of disputes by one or more arbiters in a community in accordance to […]

Cases Not Likely To Be Suitable For Mediation

Even some ardent practitioners of Alternative Dispute Resolution will agree that there are some disputes that are unsuitable for ADR. Some of the cases which might be seen as “unsuitable for mediation” were mentioned in the case of HALSEY V MILTON KEYENS GENERAL NHS TRUST [2004] 4 ALL E.R 920. In this case the Court Of Appeal held that dealing […]

How To Reach A Settlement In Mediation

As parties approach agreement in the mediation sessions, alternative methods are available to the parties and mediator. If it seems helpful, the mediator can convene an intermediate joint session where the parties can negotiate the final points, face to face. If necessary, one or more private sessions may be interposed.  Again, the mediator might convene a final joint session at […]

The Legal And Institutional Framework Of Online Dispute Resolution (ODR)

The explosive expansion of the use of the internet makes it possible for businesses to expand their markets and render services to a large group of e-consumers. While offline transactions can lead to various types of disputes, the same is true for online transactions. In other words e-commerce transactions will sometimes result in e-disputes. Technology has brought about profound and […]

Is Alternative Dispute Resolution A Friend Of The Bar And The Bench?

The courtrooms are overwhelmed by the volume of litigation they have to deal with and this slows down the growth of good businesses.  Consequently, businessmen and women turn to Alternative Dispute Resolution (ADR) which is more flexible, confidential and fast. ADR is generally seen as being faster and more economical than court proceedings. It can also be shaped to suit […]

Role of Expert Witnesses in Arbitration

Expert witnesses continue to play an important role in the resolution of disputes in a wide range of industries such as personal injury, construction, engineering and information technology. Part 35 Expert and Assessors of the Civil Procedure Rules defines an expert witness as “a person who has been instructed to give or prepare expert evidence for the purpose of the […]

The Perceived Relationship Between Arbitration and Terrorism

In today’s world, terrorism has unfortunately become a phenomenon in the global community. Over the past decade, different forms of domestic and international terrorism have been witnessed around the world. Nigeria on its part has experienced several attacks by the Boko Haram terrorist group in the last few years with numerous casualties. According to the United Nations, terrorism can be […]

Arbitration and Insurance Disputes

Man is faced with the possibility that one or more of the hazards which form part of life may befall him at any time and may cause him pecuniary loss. The occurrence of these misfortunes like fire outbreak, accident or even death is beyond human control. It is the fear that these events may befall individuals and companies alike that therefore […]