Principle

CUSTOMARY LAW – Customary Arbitration – Nature and Binding Effect

Area of law: CUSTOMARY LAW
Court: Supreme Court

Customary arbitration is founded on voluntary submission of parties to decision of Chiefs or Elders of their community, with agreement to be bound. However, there is often freedom to resile if the decision is unfavourable—unless the agreement to be bound is clear. The binding effect…

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