ADR developments brought to you by the Nigerian Institute of Chartered Arbitrators
Editor: Shola Oshodi-John, AICMC, FCArb
Recent Developments
ADR IN THE MIDST OF DIVORCE LITIGATION
Many people assume that contentious litigation occurs in all divorce cases. In fact, statistics show that most divorces in New York are settled without any court appearance. In an uncontested divorce, the parties resolve all issues either by themselves, in mediation and/or with the help of attorneys. They seek court intervention solely to have a judge approve their settlement and sign the Judgment of Divorce. Litigation occurs only in contested divorce actions where the parties are unable to resolve the issues themselves.
Author: Laura E. Drager
Source: Contribution by NICArb’s research team
EGYPTIAN MEDIATORS TRY TO BUILD ON ISRAEL-HAMAS CEASEFIRE
Egyptian mediators sought to reinforce the ceasefire between Israel and Palestinian militants on Saturday, and aid officials appealed for a period of calm to start tackling a humanitarian crisis in Gaza after 11 days of fighting.
After mediating the ceasefire with U.S. support, Egypt sent a delegation to Israel on Friday to discuss ways of firming up the truce, including with aid for Palestinians in Gaza.
The ceasefire enabled officials to start assessing the scale of the damage.
“Everybody just needs to stand down and not to engage in any provocative moves,” Lynn Hastings, U.N. Humanitarian Coordinator for the Palestinian territories, said in Gaza City where she spoke to survivors.
Despite confrontations between Israeli police and Palestinian protesters at a Jerusalem holy site, there were no reports of Hamas rocket launches from Gaza or Israeli air strikes on the Palestinian enclave.
Source: Contribution by NICArb’s research team
RESOLVE YOUR DISPUTES THROUGH ALTERNATIVE RESOLUTION AND AVOID COURT
With the courts battling through the backlog caused by the Covid-19 pandemic, it is a good time to consider resolving your civil disputes by means of alternative dispute resolution (ADR).
Methods such as mediation, conciliation, arbitration and negotiation are options to consider.
For example, Mediation involves two parties setting out their side of the discord with supporting documents, e.g. a contract in dispute, which are then sent to a trained mediator.
Arbitration is a further method of ADR, where arguments from both sides of the dispute are submitted to an independent arbitrator who will make a final decision.
ADR is likely to be much cheaper, informal and faster that court hearings, while the agreement is still legally binding and the parties have more of an opportunity to contribute to the contents of any agreement.
Source: Contribution by NICArb’s research team
International Court of Arbitration of the International Chamber of Commerce (ICC) and the Singapore International Arbitration Centre (SIAC) Receive “Permanent Arbitration Institution” Status in Russia
On 19 May 2021, it was reported that the International Court of Arbitration of the International Chamber of Commerce (ICC) and the Singapore International Arbitration Centre (SIAC) have received from the Russian Ministry of Justice the right to act in Russia as permanent arbitration institutions (PAI). Previously only two foreign arbitration institutions have received PAI status in Russia (in addition to Russian PAIs): the Vienna International Arbitration Centre (VIAC) and the Hong Kong International Arbitration Centre (HKIAC).
Author: Mikhail Bychikhin and Anna Ryazanova
Source: Contribution by NICArb’s research team
Gov. DeSantis’ Cruise Ship Lawsuit against Centers for Disease Control and Prevention (CDC) Sent To Mediation
Last month, the governor of Florida, Ron DeSantis announced the lawsuit against the CDC to allow Ship cruises to restart in the U.S.
Gov. Ron DeSantis’ cruise industry lawsuit against the CDC is now headed to mediation.
A judge signed an order saying the state and the federal government must go to mediation.
Source: Contribution by NICArb’s research team
Employers Must Work With Employees to Resolve Personal Grievances Early
Employers need to take any personal grievances raised by their employees as an opportunity to rectify current issues, and take steps to prevent future issues from arising in the first place.
In any relationship, even a good one, sometimes a person feels they are being treated unfairly. This can also be the case in a business relationship.
The first steps to resolving any personal grievance is to have the employer accept the issue, rather than view it as a full-frontal attack from the employee.
In some cases, both the employee and the employer may wish to seek professional advice on how to deal with the specifics of the case. Alternative dispute resolution in the form of mediation, arbitration is available. if the employer and the employee cannot put their differences aside.
If an employer takes all these steps and keeps appropriate records, it can help avoid personal grievances escalating. Ultimately, employers should take any concerns seriously, gather all necessary information, and work with their employees in resolving personal issues as soon as possible.
Source: Contribution by NICArb’s research team
ARE YOU INTERESTED IN ‘UNDERSTANDING ARBITRATION CLAUSE’?
We are glad to inform you that The Nigerian Council of Registered Insurance Brokers (NCRIB) Chief Executive Officer’s Retreat themed “Leading: Heart before the Hand” will be holding from June 9th –June 11th.
Join the Registrar/CEO of The Nigerian Institute of Chartered Arbitrators as she speaks on the sub-theme ‘Understanding Arbitration Clause’.
For further details, kindly check the e-flyer.
Source: Contribution by NICArb’s research team
The Nigerian Institute of Chartered Arbitrators congratulates Mr. Paul Chibuike Ananaba, SAN, FCArb and Mr. Echeho Godfrey, MCArb on their recent appointments!!!
Source: Contribution by NICArb’s research team
It cannot be overemphasized that one of the most important features of Alternative Dispute Resolution (ADR) is the fact that it resolves dispute in a cost effective manner, less time consuming and produces desired result.
Source: Contribution by NICArb’s research team
Arbitration institutions will boost Africa’s investments – Minister
The Minister of Industry, Trade and Investment, Mr. Niyi Adebayo, has said Nigeria and other African countries can boost cross-border investments by establishing and strengthening more arbitration institutions in line with international standards.
Mr. Adebayo, who spoke at the International Chamber of Commerce Africa Arbitration conference which held virtually on Thursday, emphasized the need to encourage experts in different fields to enroll for training and certifications in arbitration to widen the scope of the practice.
Adebayo said, “These steps will broaden the scope of alternative dispute resolution, especially in arbitration and also boost investors’ confidence in doing business with parties from the region.
“It will facilitate cross-border investments, especially with the ratification of the African Continental Free Trade Area agreement providing wider market access to 1.2 billion people”, he said.
Source: Contribution by NICArb’s research team
