COURT'S ROLE IN ARBITRATION: ENSURING FAIRNESS WITHOUT OVERREACH

Arbitration is the submission of a dispute between two or more Arbitration, parties for decision by a third party of their choice, so says John Paris. This Dispute, Parties, definition is akin to Ronald Bernstein’s idea of arbitration to wit “an agreement Third party, of parties that a dispute between them be settled by a tribunal of their choice. Tribunal, Agreement, Russell defines arbitration as a written agreement to submit present or four Arbitrator, differences to arbitration whether an arbitrator is named or not. Another Written reference work has defined arbitration as the reference of a dispute or difference agreement between not less than two parties for determination, after hearing both sides in a judicial manner, by a person or persons other than a court of competent jurisdiction. In the same vein, Justice Maxwell’s view is that “abitration is a process whereby a private disinterested person called an arbitrator, chosen by the parties to a dispute …acting in a judicial fashion but without regard to technicalities applying either existing law or norms agreed by the parties, and acting in accordance with equity, good conscience and perceived merit of the dispute makes an award to resolve the dispute.