LEGAL PRINCIPLE: ALTERNATIVE DISPUTE RESOLUTION — Arbitration — Definition and Duty of an Arbitrator Distinguished from a Receiver
PRINCIPLE STATEMENT
The duty of an arbitrator chosen by agreement of the parties is to settle any dispute between the parties. A receiver on the other hand is appointed to administer, run the company or property in question.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Magbagbeola v. Sanni (2005) NLC-3302001(SC) at pp. 8–9; Paras E–A.
"It will be seen that the duty of an arbitrator chosen by agreement of the parties is to settle any dispute between the parties. A receiver on the other hand is appointed to administer, run the company or property in question."
EXPLANATION / SCOPE
Arbitrator settles disputes by party agreement; receiver administers property. The principle applies to alternative dispute resolution.