Imperatives of Arbitration Courts in Nigeria: Challenges and Prospects

Being a Paper presented @ a Conference Organized by the Association of Certified Commercial Diplomats (ACCD) held in Kaduna
BY: IDUMANGE JOHN

Date: Wednesday December 15^th 2010

Venue: National Water Resources Institute, Mando, Kaduna

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Abstract

This paper examines the imperatives of arbitration courts in Nigeria: Challenges and Prospects.  The paper x-rays the critical role of the judiciary in Nigeria’s nascent democracy. The concept, typologies and origins of arbitration in Nigeria are discussed. The New York Convention of 1958 and the 1961 European Convention on International Commercial Arbitration provided the legal-theoretical framework for the paper. Whereas, the paper unravels the rationale for arbitration and exposes the arbitral procedure with some decided cases. Cross cultural studies show that arbitral procedures are swift, cost effective, flexible, and create room for confidentiality, easy resolution of disputes and to a large extent immune from the spiral virus of judicial corruption.  For comparative purposes, the arbitral procedures in others countries such as Germany, South Korea and Botswana are highlighted. Since arbitration has gained currency as an Alternative Dispute Resolution System because of the onerous challenges inherent in the conventional judicial system, the paper underscores the imperatives of reinforcing arbitration, aptly described as justice blended with charity. The thesis of this paper is that the on-going constitutional reforms, police reforms and prison reforms will not be complete without the incorporation a virile, accessible and sustainable mechanism for arbitration laws in the Constitution. The paper concludes with recommendations that Nigeria should establish more arbitration courts and entrench arbitral procedures as an integral part of Nigeria’s judicature.

Introduction

It is incontrovertible that the Judiciary is the last hope of the common man, the bastion of democracy and a pragmatic culmination of the rule of law. Scholars have agreed that a corrupt judiciary is the midwife of tyranny. Therefore, the role of the Judiciary in the development of a nascent democracy such as ours cannot be over-emphasized.

Nigeria is a federalism consisting of 36 (thirty six) States and a Federal Capital Territory. The constitution of the Federal Republic of Nigeria, 1999[2] vests Judicial powers in the Supreme Court; the court of Appeal, the Federal High Courts, the High Courts, the Sharia Court of Appeal and the Customary Courts of Appeal as the hierarchy provides. Nigeria also operates the adversarial system of court proceedings like other Commonwealth Countries. In adversarial system, which was greatly influenced by the British, the presiding Judge is both a judge of the law and the fact.

Over the years, the Nigerian Judicial System has come under the nugget of criticism. There have been reported cases of violation of human rights, corruption in the judicial system and protracted process of adjudication. Whereas the cost of litigation is considered exorbitant, access to justice is largely limited by illiteracy, the existence of a very weak Legal Aid System and lack of public confidence in the courts. It is widely believed that the Nigerian Judicial System has not fully developed the concept of judicial accountability – which is a critical indicator for measuring the integrity, efficiency and effectiveness of the judicial system.[3] Ostensibly, the system has not fully explored the alternative dispute resolution mechanism for the settlement of disputes outside the conventional court system. The Nigerian Judicial System also faces the fair challenges of a de-motivated work force in addition to a hostile work environment.

Justice Chukwudifu Oputa (JSC) rtd identified delay and expense as twin challenges facing the Nigerian Judiciary. He said this much:

The administration of justice in our courts suffers from two major constraints, namely delay and expense. If it takes seven to ten years to decide a case, prospective litigants may decide not to go to court at all. But one thing that frightens people away from the court is the inordinate expenses which has to be incurred with the result that a very large proportion of our countrymen are as it were, prices out of our legal system[4]

Nigerian courts are also burdened by workload. Nigerian courts according to Justice Opeyemi could be compared to the judiciary in New York and the State of California. Each judge has not less than 300 cases pending before him with new ones being added every passing day. Worse still court proceedings are recorded manually in longhand with all its attendant problems. The implication is that litigation, which is the orthodox means of resolving disputes, has proved to be nightmarish, with spiraling costs, undue delays, court congestions and other technical hitches such as electricity, obsolete filing system and frequent transfer of cases from one court to another.

Recognizing the aforementioned problems, most judges in Nigeria welcome the intrusion of arbitration and ADR into the judicial system. The increasing frustration and disillusionment among litigants undermine the efficient disposition of justice. Despite the fast track system of front-loading made possible by informatics, currently being practiced in Lagos State, It takes an average of three or more years to dispose of a case. The judicial system also faces the allegations of corruption, which in most cases is used by over-ambitious politicians to settle scores. It is against the background of this plethora of problems that arbitration courts are seen as a panacea to the malaise afflicting the judiciary.

Concept of Arbitration

Arbitration is a form of Alternative Dispute Resolution (ADR), in which matters are resolved outside the regular courts. It is a legal technique whereby parties to a dispute refer to one or more persons whose decision is binding on parties. Arbitration is therefore the reference of a dispute between not less than two parties for determination, after hearing both sides in a judicial manner, by a person (s) other than a court of competent jurisdiction. Simply put, arbitration is an agreement between two or more persons that a dispute or potential dispute between them shall be decided in a legally binding way by an impartial person in a judicial manner.[5] The final agreement is called arbitration while the decision made is called an award.

Arbitration is usually facilitated by a neutral third party and non-binding resolution by experts. The use of arbitration is often employed in commercial matters such as consumer, employment and trade or commercial related contracts. It could be voluntary where the parties agree to hold all disputes to arbitration without a specific knowledge of what disputes will occur it is mandatory when the initiative for arbitration comes from a statute or a contact that is voluntarily entered into.

An arbitrator is a quasi-Judge who hears the presentations including evidence, from the parties or their legal representatives, then makes a decision called an Award, which is binding on the parties. The courts would therefore enforce any award made by an arbitrator.

A school of thought posits that since arbitration has a lot in common with litigation; it cannot be properly referred to as a form of ADR.  A second school of thought argues that arbitration is a form of ADR since it is not litigation as shown in the conspicuous dissimilarity in both. However, the distinction is academic and not of much relevance as far as the pragmatic value of arbitration is concerned.

The Legal Framework for Arbitration

The legal framework for arbitration in Nigeria is provided for by several domestic and international conventions. At the international arena there are several conventions that are responsible for the development of the arbitral procedures in Nigeria as in other developing countries. Here, I shall make reference to some international and domestic conventions.

§  The New York Convention: The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 provides the basis for the entire international arbitration system. Since the inception of the global arbitral system in 1958, over 140 nations have ratified the convention. Principal nation that have ratified the convention include the United States; all members of the European Union, major trading States in Latin America, Africa, Asia and the Mid East.[6]

The 1958 New York Conventions, NYC sought to serve two general purposes. The convention required the recognition and enforcement of arbitration awards entered in Foreign States – which implies that the convention requires national court of Signatory State to recognize and enforce arbitration agreements. This is predicated on the legal principle of pacta sunt servanda and the practice that laws have extra-territorial

The record purpose of the NYC is that it requires contracting States to recognize arbitral awards as binding and them in accordance with the rules of procedure of their territories. In this general rule, however, there are five exceptions. First, if the arbitration agreement is invalid; secondly, the arbitration award itself violates due process of the party against whom the award is invoked. Thirdly, the award is not yet binding or suspended in the country of origin. Fourthly, the arbitrator exceeded his or her authority; fifthly, there was an irregular composition of the arbitral tribunal or inherent flaws in arbitral procedure.

§  The Panama Convention:             This Convention was designed after the NY Convention. It is an Inter-American Convention on International Commercial Arbitration called the Panama Convention. It provides for the general enforceability of arbitration agreements and arbitral awards in the Latin American Countries. Presently, over 12 nations have ratified the Convention including the United States, Brazil, Mexico, Venezuela and Argentina.

A very significant component of the Panama Convention is that the Convention allows for the appointment of arbitrators in such a manner as agreed by the parties and specifies that arbitrators may be nationals or foreigners. The Convention also provides that in the absence of an express agreement between parties, the arbitral procedure is to be governed by the Rules of Procedure of the Inter-American Commercial Arbitration Commission (IACAC). The Panama Convention also requires that courts of Contracting States stay their proceedings and refer the Parties to arbitration.

§  The European Convention on International Commercial Arbitration of 1961:        The ECICA was ratified by most countries in Europe with the exception of the UK and the Netherlands. The Convention sets out procedural rules for arbitration, including rules on the appointment of arbitrators – in the event that parties have difficulty finding a common ground for determining the procedure for determining applicable law.

Apart from these International Conventions, there also exist major bilateral investment treaties. Most of the bilateral agreements are designed for trade protectionism by major trading nations. The myriad bi-lateral agreements serve to encourage capital investments in the less Developed Countries. In the same view, such agreements are aimed at ensuring that investments receive fair and equitable treatment. Further, a huge range of such bilateral agreement are geared towards arranging international arbitration by allowing for disputes to be submitted to arbitration depending on the bilateral investment treaty at issue.

Arbitration in the Global Context

In Germany, arbitration is given prominence in the amended 1998 German Constitution. The application of arbitration is determined by the agreement on the place of arbitration. German Arbitration Law grants parties a high degree of flexibility when conducting arbitral proceedings. Since no compulsory rules exist, arbitration in Germany depends on the agreements between the parties.[7] German Laws permit that arbitral tribunals should consist of three arbitrators; each party can choose an independent arbitrator in whom it trusts. The two arbitrators can then nominate the third arbitrator to be the chairperson of the arbitral tribunal. What is very critical is the qualifications of arbitrators which include: persons who may not necessarily be lawyers; impartiality and independence, as arbitrators can be disqualified on the ground of bias or presumed partiality.

Basically, arbitration is gaining increased significance in Germany because of its inherent advantages such as speed, flexibility, confidentiality, neutrality and compliance with international arbitral proceedings.

In South Korea, arbitration of a dispute has no significant difference with what obtains in other countries. An arbitrator is selected and authorized to hear the disagreement; and evidence presented by both parties is carefully reviewed. The arbitrator issues an award to the party having the stronger case. However, such decisions may be binding or non-binding.[8] Arbitration is considered to be less expensive, more confidential and quicker in dispute resolution. In the light of these advantages, most contracts or commercially related agreements insert the “Arbitration Clause”. However, in cases where the Arbitration Clause is not inserted, parties to a dispute can mutually resolve their disputes by the rules of South Korean Arbitration.

In Ghana, arbitration is governed by the 1961 Arbitration Act (Act 38). The Act allows parties to arbitration to agree on their own rules, and to choose whether oral or documentary evidence to form the basis of arbitration. However, in appointing an arbitrator, there has to be compliance with the provision in Act. 38. In the same vein, if the appointment contravenes the agreement, any aggrieved party can challenge the appointment in court.[9]

There are two main bodies charged with the responsibility of arbitration: The Ghana Arbitration Center (GAC) and the Ghana Association of Chartered Mediators and Arbitrators (GHACMA). Whereas GAC deals with domestic arbitration of commercial nature, the GHAC is an association of arbitrators which handles matters referred to it. While impartiality may constitute a ground for revoking the authority of the arbitrator, it does not constitute a ground for refusing any application for arbitration. Again, where the arbitral procedure does not award any costs, a party may within one month of the publication, apply to the arbitrator for an order directing that cost be paid to the deserving party.

In Nigeria, arbitral proceedings are usually not without procedural wrangling, maneuvering, appeals and cross-appeals. For example in November 2005, the Nigerian national Petroleum Corporation NNPC sought a reassignment of a case against IPCO because of the imminent verdict that IPCO would be awarded a cost of US $ 13 million.[10]

On October 2004, the arbitral tribunal issued an award for US $ 152, 195, 971.66 plus ancillary expenses in favor of IPCO. NNPC filed a challenge in the Federal Court on November 15 2004, challenging the earlier judgment on grounds of errors of Law, duplication of IPCO’s claim and violation of public policy. After several adjustments, the trial Judge Justice Gross averred that enforcement should not be frustrated by meritless court challenge.[11] The matter of enforcing the arbitral order continued till 2008. The case between NNPC and IPCO is a classic case of delay in arbitral awards under the procedure.

Origins and Development of Arbitration in Nigeria

Arbitration in Nigeria dates back in time to the colonial period, but Customary Arbitration and ADR had been in existence before the advent of the colonialism and they are both still in existence. In fact the resurgence of ADR is a mere re-statement of customary jurisprudence, which is deeply rooted in the communitarian life of Africans.

The primary sources of the Nigerian law of Arbitration are the English Common Law, the Nigerian Customary Law and Nigerian Statutes. The Local Enactments on Arbitration and ADR in Nigeria incorporated the English Common Law, Doctrine of Equity, together with the English Statutes of general application into the country during the period of the Colonial Administration of the country. Consequently, English Common Law rules on Arbitration are part of our Law. However, the Arbitration Ordinance, Ordinance 16 of 1914 which was an adaptation of the 1889 English Arbitration Act, was the first legislative enactment on Arbitration in Nigeria. This was later re-enacted as Arbitration Act, Cap 13, Laws of the Federation of Nigeria, 1958. It will also be recalled that Nigeria was a unitary state till 1954.[12]

In 1960, the Arbitration Act was applicable to Lagos, the then Federal Capital Territory while the Regions (now States) had their Arbitration Laws. These are found in the Arbitration Law of Northern Nigeria 1963, Arbitration Law of Western Nigeria 1959 and Arbitration Law of eastern Nigeria 1963. States that were eventually created pout of these older ones adopted the laws applicable to their States.

In Nigeria, the Arbitration ordinance of 1914 was based on the English arbitration Act 1889 was the first statute on Arbitration in Nigeria. In 1958, the Arbitration ordinance 1914 was re-enacted as the Arbitration Ordinance Act cap 13, Laws of the Federal Republic of Nigeria in Lagos 1958. The 1958 Act was limited to domestic arbitration, admittedly, if Nigeria had any law on arbitration prior to 1958, it might have been the New York Convention to which Britain – her colonial master was (is) a signatory.

The first indigenous Statute or Arbitration and Conciliation was enacted in 1988 by a Military decree known as the Arbitration and Conciliation Decree 1988 (ACA, 1988), which came into effect on 13^th March, 1988. It was re-enacted as the ACA 2004. It was described as:

An Act to provide a unified legal framework for the fair and efficient settlement of commercial disputes by arbitration and conciliation; and to make applicable the connection of Recognition and Enforcement of Arbitral Awards, (New York Convention) to any award made in Nigeria or in any Contracting State arising out of International Commercial arbitration (ACA, 2004).[13]

The ACA 2004 investment consists of four parts namely: Arbitration Conciliation, international Commercial Arbitration and Conciliation other miscellaneous provisions. This was followed by the Nigerian Investment Promotion Commission Act, (NIPCA) Cap 117 Laws of the Federation of Nigeria, which was enacted in 1995. The difference between the ACA 2004 and the NIPCA 1995 is that while the former deals with arbitration in general without any specific provision for investment arbitration, the latter deals extensively with the promotion of investments in Nigeria with specific provision for the resolution of disputes arising from parties to any transaction, i.e. a Nigerian and a Foreigner.

Under the ACA regime, three types of arbitration can be identified. Firstly, there is Commercial Arbitration which involves mediation, conciliation as an alternative dispute resolution mechanism. Commercial Arbitration involves the resolution of commercial disputes.

Secondly, there is Construction Industry Arbitration which is designed to promote arbitration in the construction industry. However, even those who are not strictly involved in Construction can participate, but most participants are from the construction industries. Disputes emanating from road construction; public buildings, private estates, bridges etc. subsume under this category of arbitral matters.

Thirdly, there is Investment Arbitration. In a rapidly globalizing world, State and non-state actors invest in sector of the economy that can yield returns. In Nigeria, all Investment Arbitrations are guided by the Nigerian Investment promotion Commission Act Cap 117 of 2004[14]. 

Basically, arbitral bodies in Nigeria and Arbitration Rules are not prompted by the need to settle commercial disputes in Chamber of Commerce and other parties. This explains why there is no institution except the Lagos Regional center for International Commercial Arbitration (LCICA), which has a limited scope of matters. Essentially, too, State Agencies do not fund arbitration or arbitral bodies hence the state has no direct control over arbitral proceedings. Basically, arbitral procedures are regulated by the ACA and the International Arbitration Rules. Nigerians can apply to four main arbitral bodies namely: the Chartered Institute of Arbitrators UK; Nigerian Branch; The Chartered Institute of Arbitrators, Nigeria; Construction Arbitrators of Nigeria and the Maritime Arbitrators of Nigeria.

Typologies of Arbitration

The Industrial Arbitration Panel identified six type of arbitration.[15] These include:

§  Domestic Arbitration: In this type of arbitration, parties to a dispute decide them in accordance with the substantive laws of Nigeria.

§  Ad hoc Arbitration: This is an arbitration agreed to and arranged by the parties without recourse to an arbitral institution. It could take place at the domestic and international levels. An ad hoc arbitration is one which is not administered by an institution and therefore, the parties are required to determine all aspects of the arbitration like the number of arbitrators, manner of their appointment, procedure for conducting the arbitration. Ad hoc arbitration is a proceeding that is not administered by others and requires the parties to make their own arrangements for selection of arbitrators and for designation of rules, applicable law, procedures and administrative support. Provided the parties approach the arbitration in a spirit of cooperation, ad hoc proceedings can be more flexible, cheaper and faster than an administered proceeding. The absence of administrative fees alone makes this a popular choice. But a distinct disadvantage of the ad hoc approach is that its effectiveness may be dependent upon the willingness of the parties to agree upon procedures at a time when they are already in dispute. Failure of one or both of the parties to cooperate in facilitating the arbitration can result in an undue expenditure of time in resolving the issues.  Ad hoc arbitration is advantageous because it is flexibility and less expensive than institutional arbitration. The parties only pay fees of the arbitrators’, lawyers or representatives, and the costs incurred for conducting the arbitration i.e. expenses of the arbitrators and venue charges.

§  Institutional Arbitration:These are arbitrations done by institutions especially arbitral institutions. Here, one or more arbitrators are appointed from the preselected panel by the governing body of the Institution. Institutional arbitration is conducted in accordance with the prescribed rules of the institutions and the arbitrators are assisted by the secretariat of the institution. An institutional arbitration is one in which a specialized institution with a permanent character intervenes and assumes the functions of aiding and administering the arbitral process, as provided by the rules of that institution. It is pertinent to note that these institutions do not arbitrate the dispute, it is the arbitrators who arbitrate, and so the term arbitration institution is inappropriate and only the rules of the institution apply.[16]

A merit of institutional arbitration is that it saves parties and their lawyers the effort of determining the arbitration procedure and also the effort of drafting an arbitration clause, which is provided by the institution. Another advantage is that it is revised periodically by the institution, drawing on experience in conducting arbitration regularly and approved by arbitration experts, taking into cognizance the dynamics of best practices in arbitration. Again in institutional arbitration, the arbitrators are selected by the parties from the institution’s panel of arbitrators.- a panel comprising  expert arbitrators, drawn from  all segments of society across professional boundaries. What is of prime importance is the arbitrators’ and knowledge to resolve the dispute, thereby facilitating quick and effective resolution of disputes.[17]

§  International Arbitration: This can take place either within or outside Nigeria. It bears the ingredients of foreign policy in which case, the laws of Nigeria or international laws can apply, depending on place, nature and type of contract or subject matter of conflict. International arbitration instruments provide a binding mechanism for resolving disputes between a host country government and an investor. A huge number of international investment agreements contain provisions for international arbitration thereby bolstering the confidence of investors to increase “investment security index”. International Arbitration is also geared towards liberalization of trade and resolving disputes emanating from trade.[18]

§  Specialized Arbitration:  It is usually conducted under the aegis of arbitral institutions but the process is guided by special rules framed to meet specific requirements for the conduct of arbitration in respect of disputes of particular types such as disputes.

§  Statutory Arbitration: Statutory arbitration is conducted in accordance with the provision of a special enactment provided for arbitration in respect of disputes arising on matter covered by the enactment. Some scholars do not see it as arbitration but a provision of an Act.

Dimensions of Judicial Arbitration

Judicial arbitration is usually, not arbitration at all, but merely a court process which refers to itself as arbitration, such as small claims arbitration before the Court. Judicial arbitration has many types and dimensions. Some of them are highlighted here.

1.  High-Low Arbitration or Bracketed Arbitration: Is an arbitration wherein the parties to the dispute agree in advance the limits within which the arbitral tribunal must render its award. It is only generally useful where liability is not in dispute, and the only issue between the parties is the amount of compensation. If the award is lower than the agreed minimum, then the defendant only need to pay the lower limit. On the contrary, if the award is higher than the agreed maximum, the claimant will receive the upper limit.  If the award falls within the agreed range, then the parties are bound by the actual award amount.’[19]

2. Non-Binding Arbitration: Is a process which is conducted as if it were a conventional arbitration, except that the award issued by the tribunal is not binding on the parties, and they retain their rights to bring a claim before the courts or other arbitration tribunal; the award is in the form of an independent assessment of the merits of the case, designated to facilitate an out-of-court settlement.

3. Pendulum Arbitration: So called because the arbitrator has to resolve a claim between a trade union and management by making a determination of which of the two sides has the more reasonable position. The arbitrator must choose only between the two options, and cannot split the difference or select an alternative position. It was initiated in Chile in 1979 and has proved to be a very effective mechanism. This has not been fully embraced in Nigeria.

4. Baseball ball Arbitration. This form of arbitration is also known salary arbitration, as it takes its name from a practice which arose in relation to salary arbitration in major Baseball league. In this type of arbitration, parties favoured by the award are paid specific salary known to the parties like baseball players.

5. Night Baseball Arbitration: Is a variation of baseball arbitration where the figures are not revealed to the arbitration tribunal. The arbitrator will determine the quantum of the claim in the usual way, and the parties agree to accept and be bound by the figure which is closest to the tribunal’s award. There is also the “Last Offer Arbitration”, which is a form of hybrid mediation hybrid processes followed by Last Offer Arbitration.[20]

Selected Cases in Customary and Commercial Arbitration in Nigeria

Before the oil boom era, the economy was dependent on cash crops and trade, which of necessity involves Domestic and International Commercial Contracts – which have guiding rules. The implication is that arbitration is a sine qua non when two or more countries enter into trade agreements. Ostensibly, the resolution of commercial disputes is very critical in the operation of the national economy as well as the Judicial System[21]

Arbitration as defined by the Supreme Court of Nigeria in the case of Ohiaeri vs. Akabeze (1992) 2NWLR (Pt 221) Pg 1 at 7 Paras 12 as:

Arbitration in dispute founded on the voluntary submission of the parties to the decision of the arbitrators who are either the chiefs or elders of their community, and the agreement to be bound by such decision or freedom to resettle where unfavorable.[22]

See also the case of Eke vs. Okwaranyia (2001) 12 NWLR (PT 726) Page 181 at 184 where the above definition of customary Arbitration was adopted by the trial court. Thus, arbitration is not alien to customary jurisprudence: Okpuruwu vs. Okpokam (1988) 4 NWLR (pt 90) 554 at 572. Indeed, in land matters, arbitration was used to settle disputes relating to land. In Larbi vs. Kwasi (1952) 13 WACA 76, the Privy Council held that a customary arbitration was valid and binding and that it was repugnant to good sense for a losing party to reject the decision of the arbitrator to which he had previously agreed. Similarly, in Mensah vs. Takyiampong & Ors (1940) 6 WACA 118, the West African Court of Appeal held, inter alia, that:

... in customary arbitration, when a decision is made, it is binding upon the parties, as such decisions upon arbitration in accordance with native law and custom have always been that the unsuccessful party is barred from reopening the question decided and that if he tries to do so in the Courts, the decision may be successfully pleaded by way of estoppels.

One distinguishing feature of customary arbitration is that it is usually oral. This takes it outside the ambit of statutory arbitration. From a long line of decided cases it is obvious that arbitration is not alien to customary jurisprudence. This principle was stated in the following cases: Ofomata & Ors vs. Anoka & Ors (1974) 4 EC.S.L.R 251; Assampong vs. Amuaku (1932) 1 WACA 192, Inyang & Ors vs Essien & Ors (1957) 2 F.S.C. 39, and Foli vs. Akese (1930) 1 WACA 1.

Arbitration had been with us from time immemorial. This is because conflicts and controversies are normal occurrences in the daily life of the society. This is primarily a result of the different interests of persons in communal matters, personal claims, and family affairs, labour relations, property interests, neighborhood relationships and activities of the Government, inter alia. To manage these conflicts and controversies, which ultimately result in disputes, the law _{of the land recognizes the} rights of individuals, groups and the Government to go to Court. See Sections 6 and 36 of the 1999 Constitution of the Federal Republic of Nigeria. However, failure of the adversarial court system in Nigeria, has led to a growing but frantic search for alternatives litigation mechanics. This is a major factor for the growth of Arbitration and ADR globally.

Arbitration Procedure

1. Upon Registration of the matter for arbitration, an acknowledgment letter and guidelines to arbitration is issued to both parties.
2. Both parties will be advised to submit to the office any documents that support the Disputes.
3. After date of hearing is confirmed parties will be notified of the assigned arbitrator, venue and time of the arbitration hearing of the matter.
4. During arbitration you can appear in person or representative of your organization, legal representation is also permitted.
5. The arbitrator shall attempt to resolve the matter referred to him / her within 30 days.
6. A party aggrieved by the decision of the arbitrator may appeal against such decision to the Industrial Court within 14 days of the arbitrators  decision and  such  appeal shall lie only in respect of a decision:

            (a)   To join a party to the arbitration proceedings or

            (b)   Concerning the jurisdiction of the arbitrator to make an award.

Arbitration Stages has eight logical steps namely: Introduction, Opening Statement; Defining the issue; Conciliation; Evidence, Arguments Closure and Award. For the purpose of space, I shall discuss each of these stages.