Category: Arbitration
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UNDERSTANDING THE CHALLENGES AND OPPORTUNITIES INVOLVED IN THE ENFORCEMENT OF MEDIATION AGREEMENTS
Introduction: Mediation is a flexible, confidential process in which a neutral third party, the mediator, actively assists the parties in reaching a negotiated agreement on a dispute. The role of the mediator is to act as the facilitator or honest broker. The mediator also persuades the parties to focus on their underlying interests and concerns…
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Does an Arbitration Clause Apply When Liability is Admitted? A Review of the Supreme Court’s Decision in Sembcorp Eng. Pte Ltd -v- IPCO (WA) Holdings Ltd & Anor (2024) LPELR-62984 (SC)
Introduction The general rule is that where an agreement contains an arbitration clause, the courts shall respect the sanctity of the arbitration clause by staying the court proceedings and referring the parties to resolve their dispute by arbitration. However, the courts will only refer a matter to arbitration in line with the agreement of the…
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THE BINDING NATURE OF ARBITRATION AGREEMENTS IN CONTRACTS: AN OVERVIEW OF STABILINI VISINONI LTD. V. MALLINSON & PARTNERS LTD. (2014) 12 NWLR (PT. 1420) 134
INTRODUCTION: Arbitration is a form of alternative dispute resolution (ADR) in which parties in a dispute agree to have their cases heard and decided by a neutral third party, known as an arbitrator, rather than going to court. This process is consensual, private, and typically less formal than litigation. The arbitrator’s decision, known as an…