DUBAI 8TH - 12TH DECEMBER, 2015 : Arbitration & ADR Professional Accreditation & Membership Programme.
WHAT IS ARBITRATION & WHAT IS ADR.

INTRODUCTION.
Disputes are inevitable in human relationships, whether in business, politics, government, community, religion, family, sport, etc. When disputes arise, as they usually do, it becomes necessary to seek out, in a civilized society, the most appropriate method and person[s] with the right skills and knowledge to resolve them.
Arbitration and ADR have been found to be the most effective contemporary ways to resolve disputes whether national or international.

Arbitration
simply put is a process for the settlement of disputes between two or more persons [ parties] who had previously agreed to be bound by the decision [ award ] of the arbitrator or arbitral tribunal appointed by them and whose decision shall be final and binding.
ADR on the other hand is an acronym for Alternative Dispute Resolutioin. It is a range of processes which serve as alternatives to arbitration and litigation for the resolution of disputes. Often but not necessarily, involving a neutral and impartial third party who assists the parties to reach a settlement.
In some jurisdictions Arbitration is seen as part of ADR, but it is safe to state that there is a distinction between the two. While Arbitration is an adjudicative dispute settlement process, and the decision binding, just as litigation in the law court, ADR process is non-adjudicative and the decision reached generally non-binding, unless the parties choose to honour it by putting enforcement procedures.
Arbitration and ADR have become so popular and sought-after globally in resolving disputes that their usage have now grown from settling disputes to managing conflicts in all its ramifications, negotiating contracts, formulating policies, decision-making, managerial tool, to personal development, transformation and recognition.
Many Arbitrators and ADR practitioners specialise in different categories of dispute resolutionpractice such as commercial arbitration, investment arbitration, construction/property arbitration, maritime arbitration, family arbitration, labour mediation, commercial mediation, banking/finance conciliation, community conciliation, consumer conciliation, etc . These categories do not necessarily show whether a client or disputant is likely to get an arbitrator and ADR Practitioner with the appropriate skill and knowledge.
The disputant would be taking the right decision, therefore, not to rely on these classifications of Arbitration & ADR practice, but to find out more about the skill of the Arbitrator or ADR Practitioner which invariably reflects the standards of training, skill and knowledge. This information can easily be obtained, in an institutional arbitration, from the organisation that is appointing the practitioner as most major Arbitration/ADR institutions have websites and panels of neutral showing, inter alia, the qualifications and experience of their members.
It may equally be advisable, at least for new and large-infrastruture project disputes, to hold face-to-face discussions with the practitioner to ascertain, inter alia, the experience, qualification and the intellectual ability, particularly in matters that require pioneering research. It will also assist the disputant to obtain more information about the costs involved, and to find out whether there is any form of relatioinship between the practitioner and the other disputant including whether the practitioner had in the past rendered any form of service in connectioin with the subject matter in dispute.

It should be noted that once the practitioner has been appointed, either as a sole arbitrator or as a member of the arbitral tribunal, he or she is enjoined not to have any private communication regarding the subject matter with the disputant. The practitioner is similarly enjoined to focus his or her attention and energy at doing justice irrespective of the appointor.

ADVANTAGES OF ARBITRATION & ADR
The benefits of Arbitration/ADR vary from one country to another and these include but not limited to:

  1. Decongestion of the law courts
  2. Elimination of delays in the law courts
  3. Decongestion of crowded prisons
  4. Equal accessibility to all irrespective of status, religion or tribe.
  5. Hope and confidence to the very poor in the society that they would receive justice.
  6. Promotion of quick and less expensive resolution of disputes
  7. Promotion of friendly and all parties involvement in resolution of disputes
  8. Promotion of better co-existence and harmony in communities
  9. Promotion of global civilised culture and peace
  10. Promotion of higher economic investments

Many institutions today include ADR and Arbitration clauses in their contracts because they have realised that such clauses translate into effective risk management. By including ADR and Arbitration clauses, they can effectively avoid the costs and uncertainties of potential litigations.

 

 

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