שמור ב:
| מחבר ראשי: | |
|---|---|
| פורמט: | Recurso digital |
| שפה: | אנגלית |
| יצא לאור: |
Zenodo
2025
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| נושאים: | |
| גישה מקוונת: | https://doi.org/10.5281/zenodo.15428855 |
| תגים: |
הוספת תג
אין תגיות, היה/י הראשונ/ה לתייג את הרשומה!
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תוכן הענינים:
- <p>Arbitration is a beneficial alternative conflict resolution process for parties in a variety of <br>ways, and these include; independence for each party in handling their disputes, right to <br>choose a neutral forum avoiding being subject to the jurisdiction of the other party's home <br>court, and enabling them to select arbitrators with knowledge of their respective industries, <br>helping the parties to choose an impartial forum. Furthermore, because of their convoluted <br>processes and potential language hurdles, some parties might not trust the national courts. <br>Over the years, several authors have questioned the role of courts and resort to courts in <br>arbitration matters. The aim of this paper is to examine whether court’s interference with <br>arbitration is avoidable or inevitable. The methodology adopted in this paper is doctrinal <br>as it examines primary sources of law such as statutes, cases and secondary sources such <br>as opinion of scholars on the subject under discourse. The paper finds that if stakeholders <br>demonstrates the will power to wrest arbitration from the jaws of litigation, it is not only <br>possible but doable. The paper recommends among others, that the constitution may need <br>to be amended in order to insert arbitration under the exclusive legislative list in order to <br>ensure that the Arbitration and Mediation Act 2023 is amended to position it as covering <br>the field and ensure its mechanism and appellate rights and processes are handed over to <br>the Arbitration Review Panel as a body of second instance from which final appellate <br>decisions must be implemented with minimal state participation.</p>