CONCEPTS OF ARBITRATION
One of the main concepts of arbitration is that it is voluntary. Unlike going to court,
where parties may be compelled to participate in the legal process, arbitration is
typically only used when both parties agree to it. This can make the process faster
and less expensive than going to court.
Another key concept of arbitration is that it is confidential. Unlike court proceedings,
which are typically open to the public, arbitration hearings are private. This can be
beneficial for businesses or individuals who wish to keep their disputes out of the
public eye.
Arbitration also allows for greater flexibility than traditional court proceedings. For
example, parties can choose their own arbitrator, and they can also choose the
location and timing of the arbitration hearing.
Overall, arbitration can be an effective way to resolve disputes quickly and
efficiently while maintaining confidentiality and flexibility.
ADR-Notes by Titus Mwinama, LLB Undergraduate-Year 2-2023, UNZA.