As a rule of thumb any agreement/ contract, more so one
pertaining to a business transaction, is not complete without
clauses prescribing how either party should proceed in case of a
dispute. The authors hereto have noted a tendency to incorporate
terms which suggest such terms have been incorporated as a matter
of style and form as opposed to the utility and relevance thereof.
This has been predominantly reflected in arbitration clauses that
either elects a seat of arbitration which make it impracticable to
exercise such option or that circumvents alternate dispute
resolution mechanisms on the proverbial altar of arbitration as a
result of the agreement solely prescribing/limiting the avenues for
dispute resolution. Historically, arbitration rose to become a
viable avenue for dispute resolution due to the speed, cost and
privacy relative to litigation which continues to prove lengthy in
most situations. Commercial transactions and the business
ecosystem as whole
