Discuss the advantages of arbitration over litigation, Business Law and Ethics

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QUESTION 1

Mr Tom, a businessman, has a commercial dispute with one of his clients. He has heard about Alternative Dispute Resolution and he believes that mediation, conciliation and negotiation are the same. Hence, he cannot decide what to opt for among them. Advise him

QUESTION 2

(a) Explain the factors to be considered while drafting an arbitral agreement

(b) Mr Ben wishes to know whether negotiation is an effective means of settling disputes. Advise

QUESTION 3

(a) Discuss the advantages of arbitration over litigation

(b) Explain briefly whether there is any law governing arbitration in Mauritius

(c) What do you understand by the term ‘clause compromissoire'?


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