THE LEGAL ANALYSIS ON EFFECTIVENESS OF ARBITRATION IN RESOLVING COMMERCIAL DISPUTES UNDER RWANDAN LAW

Abstract

This dissertation by Muhoza Valentin investigates the effectiveness of arbitration in resolving commercial disputes under Rwandan law. Arbitration, a key method of Alternative Dispute Resolution (ADR), offers a private, binding means to resolve conflicts outside of traditional court systems. The study begins with a general introduction to arbitration and its historical development, emphasizing its importance in the context of international and domestic commercial disputes. The problem statement identifies gaps and challenges in the current arbitration framework in Rwanda, including the lack of a well-established arbitration center and issues related to accessibility and cost. The research is guided by several key questions and hypotheses, aiming to explore the effectiveness of arbitration compared to traditional litigation. Objectives include evaluating the current legal and institutional framework, identifying challenges, and proposing measures to enhance the arbitration process in Rwanda. Through a comprehensive literature review, the study defines key concepts such as arbitration agreements, arbitration clauses, and the characteristics of ADR approaches. It examines different types of arbitration, including institutional and ad hoc arbitration, and discusses their respective advantages and disadvantages. The research also highlights the legal basis for arbitration in Rwanda, including relevant national and international conventions. The methodology employs a combination of documentary, exegetic, analytic, and synthetic techniques to gather and analyze data. The study identifies significant challenges, such as the absence of a dedicated arbitration center in Africa and the high costs associated with arbitration. To address these issues, it suggests several measures, including legal reforms, institutional strengthening, and capacity building. The dissertation concludes with recommendations to improve the effectiveness of arbitration in Rwanda. These include enhancing legal frameworks, increasing awareness and utilization of arbitration, and developing supportive institutional mechanisms. The study underscores the potential of arbitration to provide a more efficient, cost-effective, and satisfactory means of resolving commercial disputes compared to traditional litigation methods.