AN ANALYSIS OF THE CONCEPT OF NEGOTIATION AND ARBITRATION AS METHODS OF ALTERNATIVE DISPUTE RESOLUTION IN INTERNATIONAL LAW
Table Of Contents
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 Introduction1.1 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 Resolution2.1 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 Method3.1 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 Mechanism4.1 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
Conclusion5.1 Summary - - - - - - - 213
5.2 Finding - - - - - - - 223
5.3 Recommendation - - - - - - 232
Bibliography - - - - - - - 244
Project Abstract
Dispute or disagreements are unarguably and necessarily an inevitable part of human existence, flowing directly from communication, inter reaction and relationships. This can occur at individual, and commercial level, but even at international level in view of current trend of globalization, which pose some threat to international commercial transactions. Negotiation and arbitration are form of alternative dispute resolution in international law. They are the main focus of this thesis and will be death with in sufficient details in this work. Other forms will receive mention in passing. The former as an informal and unstructured bargaining process between parties in an effort to reach an agreement. The concept of negotiation is as old as mankind itself the latter also involve an in formal process unlike litigation. This study is Justified in that it attempts a fairly comprehensive analysis of the most popular forms of alternative dispute resolution in international law, including its pros and cons vis-Ã -vis the reason for its preference to litigation, including recommendation for improvement as a means to boosting international commerce, harmonious co-existence and international understanding both in trans-border transaction and ultimately a peaceful world.Project Overview
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