Why Mediation is Becoming Increasingly Popular

Life, at its very essence, revolves around relationships. We cannot claim to be fully alive and well if we’re not interacting and transacting with other people. This simple fact makes disputes inevitable, leading to the development of the judicial system and the popularity of litigation as a means of seeking redress in civil matters or meting out punishments in criminal […]

7 factors to consider before choosing arbitration over litigation

Many contracts are increasingly adopting the incorporation of an arbitration clause in the event of dispute between concerned parties. In fact, some contracts even stipulate that all disputes must be compulsorily subjected to arbitration rather than litigation. It is therefore important to have a good understanding of major differences between these two choices of dispute resolution. Except otherwise agreed by […]

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 […]

Challenges with International Arbitration in Africa: The Perceived and Real Problems

With the explosion of technology and increased globalisation, arbitration has become the preferred mechanism for settling disputes. While the concept of arbitration has existed in one form or another for centuries, the current popularity of international arbitration is something that has occurred slowly over a period time, particularly over the past twenty years. This increase in its popularity can in […]

The International Center For Settlement Of Investment Disputes ( ICSID)

The center was established at the Washington Convention of March 18 1965, for settlements of investment disputes between states and between nationals of ratifying states. The center is part of World Bank and is of special importance to developing countries because of the growing involvement of the World bank in the financing of their development programmes. The convention is designed […]

Significance Of Preliminary Meeting In Arbitral Proceedings

The preliminary meeting is the first meeting the arbitrator will hold with the parties or their representatives. This meeting will normally be convened after the arbitrators have been appointed. A preliminary meeting is very significant in arbitral proceedings and the reasons are numerous. Some of these are: To introduce the arbitrators to the parties or their representatives. It helps both […]

The Difference Between Litigation, Arbitration, Mediation and Conciliation

Alternative dispute resolution processes such as arbitration, mediation and conciliation and have become increasingly popular because litigation is time consuming, expensive, unpredictable and emotionally draining. But before deciding on which way to resolve your disputes it is important that you know the difference between the different options available to you in alternative dispute resolution. Arbitration and Mediation Arbitration and mediation […]

Development of Alternative Dispute Resolution

Whilst arbitration developed as result of the inability of the courts to satisfy some of the expectation of people in resolution of disputes. Alternative dispute resolution arose largely because the arbitral process was becoming unduly expensive and long because of the gradual creeping in of judicial technicalities of dispute resolution. Thus there began a gradual shift of emphasis from the […]

Disputes Are Inevitable. How Do You Resolve Them?

Disputes are generally an inevitable part of human interactions. Such disputes are likely to arise from different human transactions including economic activities, family relationships, community and neighbourhood activities, international activities, religious activities and other civil activities. When these disputes arise, it is only natural that the parties will want to resolve them peacefully and the common method of doing so […]