Lecture notes

Hotel & Catering Law Notes

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Module
Diploma in Hospitality Management (HCL022)

Institution
Cascade Institute Of Hospitality

Book
Principles of Hospitality Law

These notes are suitable for students preparing to sit for their exams or those writing term papers and assignments. They provide a simplified overview of Alternative Dispute Resolution Mechanisms applied in various jurisdictions to settle cases outside courts of law, which are usually expensive an...

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Uploaded on September 23, 2020
Number of pages 4
Written in 2018/2019
Type Lecture notes
Professor(s) Xm
Contains Lectures

hotel and catering law

Book Title:Principles of Hospitality Law

Author(s):Michael John Boella, Michael Boella, Alan Pannett

Edition:2000
ISBN:9780826452733
Edition:Unknown

Institution
Cascade Institute of Hospitality
Module
Diploma in Hospitality Management (HCL022)

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Gregory Kinyae

1.0 ALTERNATIVE DISPUTE RESOLUTION MECHANISMS (ADRMs)
These are the common methods of dispute resolution out of courts:
a) Arbitration
b) Mediation
c) Negotiation
d) Ombudsman
e) Early Neutral Evaluation (ENE)
f) Mini-trial
g) Expert Determination
h) Adjudication
i) Traditional/ Customary Dispute Resolution

1.1 Arbitration
This is an out of court method of settlement of civil disputes by an Arbitral Tribunal, which
makes arbitral awards as opposed to judgments. The law relating to arbitration in Kenya is
contained in the Arbitration Act.

Under the Act, an arbitration agreement is an agreement between parties to refer to the
arbitration all, or certain parts of the dispute arising between them. The tribunal must be seen to
be disinterested and unbiased in the matter affecting the parties. Every party to the dispute must
be given a fair opportunity to present his case and to answer the case of his opportunity. An
arbitration agreement must be written, it may take the form of a detailed agreement or a clause in
the agreement.

The Arbitration Act governs both national and international disputes.

Methods of reference to Arbitration
 Parties to the agreement
 An Act of Parliament, especially when the issue involves governments
 A court of law with consent of the parties involved.

©Gregory Kinyae 2020 Page 1

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