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Question 1:
Define, distinguish and discuss the limits of each of the following mechanism of Alternative Dispute Resolution, namely;
(a) Conciliation; and (b) Negotiation.
Question 2:
"Arbitration is often argued to provide the ideal forum to resolve the disputes arising from the modern commercial market."
Discuss.
Question 3:
Discuss the various stages of mediation as an alternative mechanism to resolve commercial disputes and state its advantages and / or disadvantages as compared to recourse to the Court of law.
Question 4:
Answer both parts of this question;
(a) Distinguish between a ‘Clause Compromis' and a ‘Clause Compromissoire'.
(b) State the fundamental elements of a ‘Clause Compromis'.
Discuss with reference to relevant case law.
Question 5:
Jeremy is in dispute with his long term business associate and the dispute is likely to be referred to Arbitration. Advise Jeremy as to the significant features of the procedures for constituting an Arbitration Tribunal.
Words are imprecise. Interpretation of words and the passages in which they are contained is a difficult task, but one nonetheless that is required when Courts are asked to apply t
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(a) Section 63 of the Employment Relations Act provides as follows: "The parties to a labour dispute may jointly refer such dispute for voluntary arbitration to the Tribunal or
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