Thread by @LouisNkizito

40% of commercial Arbitration in the world is done in London. This Bitature V. Vantage scenario is not unique. People of different nationality in commercial contacts can choose a neutral Location for arbitration. Let me break down arbitration & its importance in a thread:
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https://twitter.com/SimonKaggwaNjal/status/1694415351465877540

Imagine a scenario where a french company enters a contact with a Kenyan agency, that has Ugandan suppliers to do business in Uganda; neither the French, nor the Kenyan company will trust the judiciary of the other company's country: so they resort to international arbitration
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Arbitration is an alternative method of private dispute resolution, where parties agree to have a neutral third party (an arbitrator) to decide on their legal conflicts outside of court. In this scenario Simba (Bitature) & Vantage are the parties that agreed to the arbitration
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In Mezzanine financing arrangements, like the one Bitature entered, Arbitration clauses are agreed in the contact inorder to ensure that Private, neutral & competent framework capable of efficiently resolving a dispute should one arise without anyone feeling foreign to it
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The next part of the process is the Selection of Arbitrators: The parties select one or multiple arbitrators, who act as neutral third parties responsible for resolving the dispute. The arbitrators are often specialist experts in the relevant field i.e (structured financing)
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Next are the proceedings; The arbitrators establish the procedural rules for the arbitration, including timelines, document exchange, & any preliminary hearings to make sure an organized & efficient process is swift and quick process.
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The parties then move to arguments, each party presents their case, including evidence, witnesses, & legal arguments. The arbitrators carefully consider the presented information to make an informed decision.
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If there is more than one arbitrator, the arbitrators deliberate. After considering the arguments & evidence, they deliberate to reach a decision known as the arbitration award. This decision is legally binding & enforceable. In this case The award went infavor of Vantage.
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In this Bitature case, there was one arbitrator. He deliberated after closing arguments & costs arguments. After deliberations, he came up with the draft decision/award & forwarded it to the ICC for consideration. They discussed it & then sent it back to him with comments.
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The arbitrator makes a final decision with those comments in mind and sends it back to ICC for enforcement
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Next is enforcement of the award. This is where Muwema's argument that court's jurisdiction is ousted becomes ironic
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Once the arbitration award is made, it can be enforced in court & at that point the court is bound by the decision of the arbitrators. It can however look at the process to see that no illegality was done to arrive to the award.
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Finality & Confidentiality: Arbitration provides a final resolution, generally without the possibility of appeal. You can only apply to court to set aside an arbitration award. Arbitration proceedings are typically confidential, maintaining privacy for the parties involved.
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You will find it is hard for the public to know that an award has even been granted in most cases. Arbitration offers a streamlined, private, & effective method of resolving disputes, providing parties with flexibility & expertise to reach a fair resolution.
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Unlike court litigation, in Arbitration almost everything can be agreed between the parties
1) The number & type of Arbitrators
2)place of Arbitration
3) Applicable laws
5) procedural rules such as language, cross examination, etc. This is called Arbitration autonomy
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