Arbitration as it stands today.

 

Abstract

 

In this episode of Expert Views on ADR (EVA), I and Ms Chika Maduakolam, a PhD Candidate in Socio-legal studies at York University, Toronto; a lawyer with over ten (10) years experience in civil litigation and dispute resolution presents a general overview of arbitration and why it is a suitable process for potential users.

Introduction

An overview of Arbitration

We started off with what is ADR? Then delved into what arbitration means at a basic level. In furtherance, comparative analysis between arbitration and the traditional African method of settling disputes (TAMSD) was revisited. We went on to look at the similarities of  Arbitration and litigation, which then led us to address a pertinent question on why arbitration is viewed as the new litigation.

Why then is Arbitration a good alternative to litigation?

Essentially, to tackle the aforementioned question -we critically analysed the neutrality of the arbitration process, its flexibility, cost, time, the cordial relationship of parties and confidentiality of the arbitration process vis-a-vis litigation.

 

Ad hoc v Institutional arbitral bodies

A summary of the advantages and disadvantages of the above-mentioned sub-theme was stated, and some of the institutional bodies from different jurisdiction were highlighted.

 

Scope of matters covered by Arbitration

The general notion that the scope of matters covered by arbitration is only commercial matters or labour disputes were dispelled in this episode. We highlighted several matters that can go to arbitration.

 

Some comments/ feedback for this episode

Well done, Chinwe. The interlink between ADR and our traditional way of settling Dispute in Nigeria makes ADR a more viable option. Kudos!!!-IK Onuoma

Well done- Mehabad S.Ali

ADR is fast getting the recognition it deserves. Keep up the good work- Nneka Egbunike Ali.

Very insightful session on the pros and cons of arbitration both in the formal and informal settings.  Keep it up, Chinwe.- Justina Dillion

Good job, well done.- Steve Adikaibe

Insightful… educative…thanks Little Wings

 

Conclusion

In sum, arbitration is a process where parties choose an independent, impartial decision-maker to settle their matter, the arbitral award that is given is binding on both parties. To an extent, arbitration does save parties some measure of cost, some measure of time, and most importantly, it gives parties flexibility over the process. It is suited to a whole lot of matters, and it does not have to be expensive, it all depends on the expert parties choose, and it depends on how they choose the expert.

Thus from the aforementioned comments/ feedback- to an extent, this episode has demystified arbitration, for potential users to embrace this process.

To hear the full version of this episode, click here.

 

 

 

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