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L-R: Dr Rukia Baruti, Secretary General African Arbitration Association (AfAA); Chief Justice Prof. Sam Rugege; former Nigerian Minister for Justice, Chief Bayo Ojo (SAN); KIAC board chairman, (...)
What is the difference between arbitration and mediation?
In an arbitration, the arbitrator looks into the legal rights and wrongs of a dispute and makes a decision. Once the arbitrator has arrived at a decision, it is binding on parties whether they agree with it or not. It is very much like the way a court case is decided by a judge, except that the process does not take place in a court room, and it is not open to the public. In a mediation, the mediator, essentially, helps parties to settle their disputes by a process of discussion and narrowing differences. The mediator helps the parties to arrive at an agreed solution. He does not decide the dispute.
How is arbitration different from litigation?
Arbitration proceedings are conducted in private, rather than in court, and are heard by an arbitrator rather than a judge. Arbitration procedures are generally less formal, and there are no restrictions on who may represent parties in an arbitration.
What are the advantages of resolving disputes by arbitration?
Arbitration is a less formal procedure than court litigation, and it is conducted in private, away from the glare of the media and the public. Parties are free to appoint their own arbitrators and can choose more practical procedures and rules for the conduct of an arbitration. Arbitration awards are final and binding, and have extra-territorial enforceability in over 140 countries under the New York Convention. Generally, arbitration can also be more cost-efficient and speedier than court litigation.
What do I do to commence arbitration proceedings?
Arbitration is a consensual process; both parties will have to agree to submit the dispute to arbitration. As a first step, parties should check their agreement to find out if there is an arbitration clause. Even if there is none, parties can still agree to submit the dispute to arbitration. This post-dispute agreement should be in writing. Once either step is fulfilled, a Notice of Arbitration has to be filed with the Registrar of KIAC.
How much will it cost to arbitrate at the KIAC?
There are three main components to bear in mind: the filing fee, the administration fee, the arbitrator’s fee. You will find the detailed cost in KIAC arbitration rules( annex I)
What is "institutional" arbitration?
Institutional arbitration proceedings are administered by an arbitration institution, such as the Kigali International Arbitration Centre(KIAC), Hong Kong International Arbitration Centre (“HKIAC”), the International Chamber of Commerce (“ICC”), the London Court of International Arbitration (“LCIA”). Typically, these are conducted under the arbitration rules of each institution.
What is "ad hoc" arbitration?
Ad hoc arbitrations are arranged solely between the arbitrators and the parties. They may adopt a readymade set of arbitration rules (such as the UNCITRAL Rules of Arbitration) or, less frequently, may be conducted under rules drawn up by the parties.
What are the advantages of institutional arbitration?
Institutional arbitration has the benefit of ensuring that the proceedings are administered in an orderly manner. Arbitration institutes may also exercise a degree of "quality control" over arbitrators and their awards. Adopting an established set of arbitration rules has the obvious benefit of avoiding arbitrators constantly having to "reinvent the wheel" in applying appropriate procedures.
Is arbitration cheaper than litigation?
The cost of arbitrating can depend greatly on the fees charged by the arbitration institute used (if any), number of appointed arbitrators, and the fees charged by the arbitrators. Arbitration can be conducted more cheaply because of its flexibility and informality than court proceedings. If the parties adopt a strongly adversarial approach, however, arbitration proceedings can be as expensive as litigation.
What is the role of the Kigali International Arbitration Centre(KIAC)?
The KIAC is an independent body established by an act of parliament to promote the use of arbitration in Rwanda. It provides facilities and support services for arbitrations conducted in Rwanda.
Does the KIAC have its own arbitration rules?
The KIAC has formulated its own arbitration rules.
Place of arbitration and place of hearing? What is the difference?
The place of arbitration (also commonly referred to as the ’seat of arbitration’) determines the governing procedural law of the arbitration and the enforceability of the award. The place of hearing, on the other hand, is the physical location where the hearing is held. This may be different from the place or seat of arbitration.
What happens if a party attempts to litigate a dispute which is covered by an arbitration agreement?
If a party commences court proceedings in a dispute which is covered by an arbitration agreement, the court should stay its proceedings and decline to hear the dispute.