Evaluation of the effectiveness of alternative dispute resolution (Adr)and adjudication in conflict resolution in International business transactions
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Date
2013-07
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KNUST
Abstract
The international business community is often confronted with conflicts in their business activities. This has resulted in multinational companies seeking their lawyers at the merest whisper of a breach of contract or some form of infringement. Most litigants express concerns that the courts are not offering the best resolution for their disputes. Participants perceived the court system as overly formalistic, cumbersome, and destructive of relationships, alienating, humiliating, slow, and expensive. To combat this crisis, scholars noted the need for alternative processes. The general objective of the study is therefore to comparatively assess the advantages and disadvantages of Alternative Dispute Resolution (ADR) and Adjudication (litigation) in international business transactions using a study of selected multinational companies based in Ghana. A case study survey method was selected for this research as it focuses on the topic, and accommodates several data-gathering techniques. The study population consisted of all management employees in three selected multinational companies. The three selected multinational companies are Shell Ghana Limited, Tullow Oil Limited and Hydro Dive International. A purposive sampling technique was used to select a sample size of seventy respondents. A structured questionnaire was designed and administered for data collection. For analysis of data from closed-ended questions, a computer programme called Statistical Package for Social Sciences (SPSS) was used. Data was analysed by using descriptive statistics. The study found ADR as an effective means of resolving conflicts among international businesses as compared to litigation. It is recommended that measures such as; ensuring transparency in the arbitration of disputes and shortening the duration of resolution processes are implemented to ensure fairness in the settlement of disputes; and also ADR policies must be made to work in complex issues. ADR settlements must also be tailored to sufficiently bind on all parties in the dispute.
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A thesis submitted to the Kwame Nkrumah University of Science and Technology in partial fulfilment of the requirements for the award of Master of Business Administration