Title Page – – – – – – – – – i Declaration – – – – – – – – – ii Dedication – – – – – – – – – iii Certification – – – – – – – – – iv Acknowledgment – – – – – – – – v List of Statutes – – – – – – – – vi Table of Cases- – – – – – – – – viii Abstract – – – – – – – – – xiii Table of Contents – – – – – – – – xiv

Chapter ONE

General Introduction 1.1 Background to the Study – – – – – – 1 1.2 Statement of the Problem – – – – – – 18 1.3 Aims of Objective of Research – – – – – 20 1.4 Scope of Research – – – – – – 22 1.5 Methodology of Research – – – – – 23 1.6 Literature Review – – – – – – – 24 1.7 Limitation of Research – – – – – – 25 1.8 Organizational Layout – – – – – – 26

Chapter TWO

Alternative Dispute Resolution 2.1 Nature and scope of alternative dispute resolution – – 29 2.2 Negotiated methods of A.D.R- – – – – 35 2.3 Facilitated methods of A.D.R – – – – – 36 2.4 Fact Finding ADR – – – – – – 37 2.5 Advisory ADR – – – – – – 38 2.6 Imposed ADR – – – – – – – 38 2.7 The pros and cons of ADR Processes- – – – 39 2.8 Types of Dispute Resolution Methods Under International Law – – – – – – 45 2.9 The Development of ADR Under International Law – – 59

Chapter THREE

Concept of Negotiation as a Dispute Resolution Method 3.1 Meaning of Negotiation – – – – – 62 3.2 Nature and Characteristics – – – – – 64 3.3 Scope of negotiation – – – – – – 66 3.4 Type of Negotiation – – – – – – 69 3.4.1 Distributive/Co-operative Negotiation – – – 70 3.4.2 Integrative/Competitive Negotiation – – – – 71 3.5 Reasons for Failure in Negotiation – – – – 79 3.6 Attributes of a Good Negotiator – – – – 70 3.7 Processes and Procedure for Negotiation – – – 88 3.7.1 Preparatory Phase – – – – – – 88 3.7.2 Information Gathering Phase – – – – – 93 3.7.3 Substantive Negotiation Phase – – – – 96 3.7.4 The Agreement Phase – – – – – – 98 3.8 Enforcement/Applicability – – – – – 104

Chapter FOUR

Arbitration as a Dispute Resolution Mechanism 4.1 Meaning and Scope of Arbitral Agreements – – – 108 4.2 Requirements and forms of Arbitral Agreements – – 109 4.3 Content of the Arbitral Agreement – – – 116 4.3.1 The Reference – – – – – – 116 4.3.2 The Parties – – – – – – – 124 4.3.3 The Arbitrators – – – – – – 128 4.3.4 Place of Arbitration – – – – – 129 4.3.5 Applicable Law – – – – – – 130 4.3.6 Arbitration Procedure – – – – – – 132 4.3.7 Language of Arbitration – – – – – 132 4.4 Ousting Jurisdiction of Arbitral Tribunal – – – 132 4.5 Time Limit in Arbitration – – – – – 135 4.6 Number of arbitrators – – – – – – 136 4.7 Appointment of Arbitrators – – – – – 139 4.7.1 Appointment of Sole Arbitrator in Domestic Arbitration – – – – – – 139 4.7.2 Appointment of Three Arbitrators in Domestic Arbitration – – – – – – 144 4.7.3 Appointment in International Arbitration – – – 147 4.8 Qualities of Arbitrator- – – – – – 152 4.8.1 Qualification and Experience – – – – – 152 4.8.2 Independence – – – – – – – 155 4.8.3 Impartiality – – – – – – – 161 4.9 Challenge and Replacement of Arbitrator – – – 164 4.10 Termination of Arbitrator’s Mandate – – – – 167 4.11 Jurisdiction of Arbitral Tribunal – – – – 168 4.12 The Arbitration Rules – – – – – – 171 4.13 Place of arbitration – – – – – – 175 4.13.1 Legal Consideration – – – – – – 176 4.13.2 Political Consideration – – – – – 176 4.13.3 Economic Consideration – – – – – 177 4.13.4 Provision of Facilities – – – – – – 177 4.13.5 Nationality of the Parties – – – – – 177 4.14 Law and language of arbitration – – – – 178 4.15 Pleadings and evidence – – – – – 182 4.15.1 Points of Claim – – – – – – 184 4.15.2 Default of Claimant – – – – – – 185 4.15.3 Points of Defence and Counter Claim – – – 185 4.15.4 Amendment of Claim or Defence – – – – 186 4.15.5 Evidence – – – – – – – 187 4.16 Making of Award and Termination of Proceedings – – 189 4.16.2 Termination of Proceedings – – – – – 194 4.17 Recourse against Award – – – – – 196 4.18 Judicial intervention in arbitration. – – – – 199 4.19 Enforcement of Awards – – – – – 205

Chapter FIVE

Conclusion 5.1 Summary – – – – – – – 213 5.2 Finding – – – – – – – 223 5.3 Recommendation – – – – – – 232 Bibliography – – – – – – – 244