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Arbitration is an alternative dispute resolution procedure parties can choose instead of going to court. Arbitration must be consensually chosen by both the parties—usually in the original contract between two parties.
Arbitration is commenced when the claimant files a request for arbitration with the Mpanza & Associates Inc. At the same time as the request is filed.
A statement of the names, addresses, telephone and facsimile numbers and e-mail addresses of the parties and their counsel.
We help our clients resolve commercial disputes efficiently and cost-effectively, we also provide and facilitate independent third party mediation services.
We have assisted our clients through both local and international arbitrations, we have guided them on arbitration options at the contractual negotiation stage and at the conclusion and enforcement stage, including enforcement of foreign arbitration rulings.
A properly considered approach to arbitration ensures that contracting parties proceed with confidence knowing that any uncertainty will be resolved in a fair and agreed manner and that they can rely on the application of their chosen law, this confidence is particularly important where business relationships extend across foreign jurisdictions that neither party has legal familiarity with, where appropriate parties can also choose to rely on the finality provided by the arbitration process whilst ensuring ongoing relationships with their trading partners.
There are many advantages to arbitration—a fact which has led to its growth in recent years. The following are some of the key pros of arbitration:
Arbitration is generally considered to be less hostile than litigation, as parties are often encouraged to work together to structure the settlement—a benefit when your company wishes to continue the business relationship.
Arbitration proceedings and final settlements are generally confidential, which allows companies to settle disputes without added media scrutiny.
While parties still generally have to pay for lawyers and must pay the costs of the arbitrators themselves, arbitration still usually costs less in the long term, because disputes can be settled more quickly and have fewer chances for appeals.
An average arbitration is settled in just over a year from filing to decision, while the same types of cases would take an average of three years—and almost always at least 18 months.
Procedural rules in arbitrations are quite flexible—matters of evidence and witness lists can be approved in a brief phone call. Court procedures cannot be adjusted, however, which means they take much longer to settle. Plus, arbitrations can be scheduled around parties obligations, while courts give very little flexibility in terms of scheduling.