Arbitration, Dispute Resolution and Litigation

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Outline

What is arbitration, dispute resolution and litigation?

  • Arbitration refers to resolving disputes outside the courts
  • Dispute resolution refers to settling conflicts or disputes
  • Litigation refers to taking legal action before judicial tribunals or bodies, usually courts

The firms approach.

Recognizing that our primary purpose is to serve and protect our client’s interests (whether financial, reputation or other interests), our firm’s policy is that we must as much as possible exhaust all available avenues of arbitration and dispute resolution before turning to litigation. This is because litigation can be costly and time consuming thereby frustrating our clients’ financial and administrative interests.

Considering also that certain issues or disputes may arise that could negatively impact on our client’s reputation for instance commercial or family matters, we prefer to handle them out of court and manage any risks that may arise privately. This is because litigation places otherwise private matters in the public domain free for everyone to see.

However, where matters are beyond arbitration or dispute resolution or where amicable resolution of a matter fails, the firm’s expert litigators find creative solutions to obtaining a remedy for the clients. Moreover, there are certain matters of urgency that do not give room for arbitration or dispute resolution which necessitate obtaining immediate or temporary solutions or remedies e.g. injunctions.

The firm has expert arbitrators and dispute resolution specialists for instance the Managing Partner who is a member of the Chartered Institute of Arbitrators.  

Also, the firm has expert litigators whose cumulative litigation experience is over 48 years at the Malawi Bar. Their experience is not only domestic but international with some having worked in other jurisdictions for instance Botswana, South Africa, The Gambia and Uganda and practiced before international tribunals or bodies for instance the African Commission on Human and Peoples’ Rights. Finally, our practical approach to the law and skills in litigation could not be further emphasized by the fact that one of our senior partners is a lecturer in law and head of Practical Legal Studies Department at the University of Malawi, Chancellor College Law School.

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Notable matters

  • The firm’s arbitrators were able to arbitrate on a dispute involving……amount of money.
  • The firm was able to resolve a dispute over…..
  • The firm successfully defended a financial institution from liability for….amount of money
  • The firm successfully defended an insurance company in a suit…