Strategic Considerations In Arbitration

Introduction

When a dispute arises, the first avenue parties resort to resolving a dispute is through the Courts however there are the Alternative Dispute Resolution mechanisms which includes solving a dispute through negotiation, conciliation, mediation and arbitration.¹

This article focuses on the areas of Arbitration, a contract-based dispute resolution mechanism², which offers a binding effect through the application of law by one or more persons (the arbitral tribunal), instead of a court of law where parties' legal rights and liabilities are referred to and determined judicially.³ Arbitration is amongst the oldest dispute resolution mechanism, disassociated by the processes attached to litigation in court.