https://africaadrinstitute.org.rw/

Africa Adr Practice Institute - AAPI, Kigali (2026)

31/08/2026

𝐃𝐢𝐝 𝐘𝐨𝐮 𝐊𝐧𝐨𝐰 | 𝐄𝐩𝐢𝐬𝐨𝐝𝐞 𝟔

There are two simple ways parties can agree to use arbitration:

𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐂𝐥𝐚𝐮𝐬𝐞: a provision included in a contract that provides for arbitration of future disputes.

𝐒𝐞𝐩𝐚𝐫𝐚𝐭𝐞 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐀𝐠𝐫𝐞𝐞𝐦𝐞𝐧𝐭: an agreement made after a dispute has arisen to resolve that dispute through arbitration.

Isaac Bizumuremyi

28/08/2026

𝐓𝐢𝐩 | 𝐄𝐩𝐢𝐬𝐨𝐝𝐞 𝟔

An arbitration clause may look like just one part of a contract, but its real importance becomes clear when a dispute arises.

Poorly drafted wording can create uncertainty, delay the commencement of proceedings, and even lead to disagreements over whether arbitration can proceed at all. In contrast, a carefully considered clause gives the parties a clearer roadmap for resolving future disputes.

The key lesson is simple: 𝐚𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐬𝐡𝐨𝐮𝐥𝐝 𝐧𝐨𝐭 𝐨𝐧𝐥𝐲 𝐛𝐞 𝐜𝐡𝐨𝐬𝐞𝐧,𝐢𝐭 𝐬𝐡𝐨𝐮𝐥𝐝 𝐛𝐞 𝐩𝐫𝐨𝐩𝐞𝐫𝐥𝐲 𝐩𝐥𝐚𝐧𝐧𝐞𝐝 𝐟𝐨𝐫.

Before signing a commercial contract, take time to consider whether the dispute resolution clause will still work effectively when the relationship between the parties breaks down.

Chartered Institute of Arbitrators
Isaac Bizumuremyi

26/08/2026

𝐋𝐞𝐠𝐚𝐥 𝐢𝐧𝐬𝐢𝐠𝐡𝐭 | 𝐄𝐩𝐢𝐬𝐨𝐝𝐞 𝟓

When negotiating a commercial contract, parties often focus heavily on price, performance, timelines and liability, but the dispute resolution provision deserves the same level of attention.

A poorly considered arbitration clause can create uncertainty when a dispute arises, while a carefully drafted one can provide a clear roadmap for addressing disagreements.

Key questions include:𝐖𝐡𝐚𝐭 𝐝𝐢𝐬𝐩𝐮𝐭𝐞𝐬 𝐚𝐫𝐞 𝐜𝐨𝐯𝐞𝐫𝐞𝐝? 𝐖𝐡𝐢𝐜𝐡 𝐫𝐮𝐥𝐞𝐬 𝐰𝐢𝐥𝐥 𝐚𝐩𝐩𝐥𝐲? 𝐖𝐡𝐞𝐫𝐞 𝐰𝐢𝐥𝐥 𝐭𝐡𝐞 𝐚𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐭𝐚𝐤𝐞 𝐩𝐥𝐚𝐜𝐞? 𝐇𝐨𝐰 𝐰𝐢𝐥𝐥 𝐭𝐡𝐞 𝐭𝐫𝐢𝐛𝐮𝐧𝐚𝐥 𝐛𝐞 𝐜𝐨𝐧𝐬𝐭𝐢𝐭𝐮𝐭𝐞𝐝?

These details may seem technical at the contracting stage, but they can become critical once the commercial relationship breaks down.

𝐀 𝐬𝐭𝐫𝐨𝐧𝐠 𝐜𝐨𝐧𝐭𝐫𝐚𝐜𝐭 𝐝𝐨𝐞𝐬 𝐧𝐨𝐭 𝐨𝐧𝐥𝐲 𝐚𝐧𝐭𝐢𝐜𝐢𝐩𝐚𝐭𝐞 𝐡𝐨𝐰 𝐛𝐮𝐬𝐢𝐧𝐞𝐬𝐬 𝐰𝐢𝐥𝐥 𝐬𝐮𝐜𝐜𝐞𝐞𝐝; 𝐢𝐭 𝐚𝐥𝐬𝐨 𝐚𝐧𝐭𝐢𝐜𝐢𝐩𝐚𝐭𝐞𝐬 𝐡𝐨𝐰 𝐝𝐢𝐬𝐩𝐮𝐭𝐞𝐬 𝐰𝐢𝐥𝐥 𝐛𝐞 𝐦𝐚𝐧𝐚𝐠𝐞𝐝 𝐰𝐡𝐞𝐧 𝐭𝐡𝐢𝐧𝐠𝐬 𝐠𝐨 𝐰𝐫𝐨𝐧𝐠.

Chartered Institute of Arbitrators

24/08/2026

𝐃𝐢𝐝 𝐘𝐨𝐮 𝐊𝐧𝐨𝐰 | 𝐄𝐩𝐢𝐬𝐨𝐝𝐞 𝟓

When businesses face a commercial dispute, the question is not only how to resolve it, but also how much certainty they can have once the dispute has been decided.

Arbitration is often valued for the finality generally associated with arbitral awards. Unlike ordinary litigation, where decisions may proceed through several levels of appeal, an arbitral award can generally only be challenged on limited legal grounds.

This feature can help businesses reduce uncertainty, avoid unnecessarily prolonged disputes, and make clearer plans once a decision has been reached.

Isaac Bizumuremyi

20/08/2026

𝐓𝐢𝐩 | 𝐄𝐩𝐢𝐬𝐨𝐝𝐞 𝟓

𝐔𝐧𝐝𝐞𝐫𝐬𝐭𝐚𝐧𝐝 𝐭𝐡𝐞 𝐚𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐜𝐥𝐚𝐮𝐬𝐞 𝐛𝐞𝐟𝐨𝐫𝐞 𝐲𝐨𝐮 𝐬𝐢𝐠𝐧.

Before there is a dispute, there is a decision.

And that decision is often made when the contract is signed.

A carefully considered arbitration clause can provide clarity on how disputes will be handled when they arise. That is why understanding the clause before signing is just as important as understanding the rest of the contract.

Whether you work in ADR or are simply entering into a contract, taking the time to understand what you are agreeing to can make a difference later.

Good dispute resolution starts with good preparation.

18/08/2026

𝐋𝐞𝐠𝐚𝐥 𝐈𝐧𝐬𝐢𝐠𝐡𝐭 | 𝐄𝐩𝐢𝐬𝐨𝐝𝐞 𝟒

𝐓𝐡𝐞 𝐕𝐚𝐥𝐮𝐞 𝐨𝐟 𝐂𝐡𝐨𝐨𝐬𝐢𝐧𝐠 𝐌𝐞𝐝𝐢𝐚𝐭𝐢𝐨𝐧

A dispute does not always have to be approached as a contest where one side wins and the other loses.

Mediation offers a different way of thinking: instead of focusing only on positions, parties have an opportunity to explore what is important to them and consider options that may address the underlying concerns of the dispute.

This can be particularly valuable where the parties have an ongoing relationship, whether in business, employment, partnerships, or other areas where future interaction may still be necessary.

The process also gives parties greater involvement in shaping the outcome, rather than leaving the final decision entirely in the hands of a third party.

Mediation is not simply about ending a dispute; it is about creating a constructive pathway towards resolution.

Chartered Institute of Arbitrators
International Arbitration And Mediation Centre

14/08/2026

𝐃𝐢𝐝 𝐘𝐨𝐮 𝐊𝐧𝐨𝐰 | 𝐄𝐩𝐢𝐬𝐨𝐝𝐞 𝟒

When parties resolve a dispute through mediation, the outcome is more than simply reaching a mutual understanding. Once the parties agree to the terms of settlement, those terms can become binding on the parties, meaning each party is expected to honour the commitments they have made.

Where enforcement is necessary, it will depend on the applicable law and the procedures of the jurisdiction in which enforcement is sought.

Chartered Institute of Arbitrators

12/08/2026

𝐓𝐢𝐩 𝟒

𝐒𝐨𝐦𝐞𝐭𝐢𝐦𝐞𝐬, 𝐫𝐞𝐬𝐨𝐥𝐯𝐢𝐧𝐠 𝐚 𝐝𝐢𝐬𝐚𝐠𝐫𝐞𝐞𝐦𝐞𝐧𝐭 𝐬𝐭𝐚𝐫𝐭𝐬 𝐰𝐢𝐭𝐡 𝐮𝐧𝐝𝐞𝐫𝐬𝐭𝐚𝐧𝐝𝐢𝐧𝐠 𝐰𝐡𝐚𝐭 𝐥𝐢𝐞𝐬 𝐛𝐞𝐧𝐞𝐚𝐭𝐡 𝐢𝐭.

People may express different positions, but those positions can be shaped by deeper concerns, priorities, expectations, or needs.

Whether you are an mediator or simply dealing with a disagreement, looking beyond demands can help you understand the real issues and create space for constructive dialogue.

𝐀𝐬𝐤 𝐧𝐨𝐭 𝐨𝐧𝐥𝐲, “𝐖𝐡𝐚𝐭 𝐝𝐨 𝐲𝐨𝐮 𝐰𝐚𝐧𝐭?” 𝐛𝐮𝐭 𝐚𝐥𝐬𝐨, “𝐖𝐡𝐚𝐭 𝐦𝐚𝐤𝐞𝐬 𝐭𝐡𝐢𝐬 𝐢𝐦𝐩𝐨𝐫𝐭𝐚𝐧𝐭 𝐭𝐨 𝐲𝐨𝐮?

Understanding the reasons behind a dispute can be an important step toward finding a solution.

International Arbitration And Mediation Centre

10/08/2026

𝐋𝐞𝐠𝐚𝐥 𝐢𝐧𝐬𝐢𝐠𝐡𝐭| 𝐄𝐩𝐢𝐬𝐨𝐝𝐞 𝟑

Mediation is built on an important legal principle: the parties retain control over the resolution of their dispute.

Unlike processes where a third party determines the outcome, mediation gives the disputing parties the opportunity to assess their interests, consider possible solutions, and decide whether an agreement is appropriate.

This makes the mediator’s neutrality and impartiality particularly important. The mediator supports the process without taking sides or determining the rights and obligations of the parties.

Understanding this distinction is essential for anyone involved in dispute resolution, because the role of the neutral directly influences the nature of the process and the authority of the outcome.

Chartered Institute of Arbitrators

05/08/2026

𝐃𝐢𝐝 𝐘𝐨𝐮 𝐊𝐧𝐨𝐰| 𝐄𝐩𝐢𝐬𝐨𝐝𝐞 𝟑

Mediation takes a different approach to resolving disputes. Rather than having the outcome determined for them, parties have the opportunity to participate actively in finding a way forward.

Understanding the different roles and approaches within ADR helps us appreciate how mediation can support constructive and meaningful dispute resolution.

Follow our ADR Learning Series for more practical insights into Alternative Dispute Resolution.

Isaac Bizumuremyi , International Arbitration And Mediation Centre

Africa Adr Practice Institute - AAPI

31/08/2026

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26/08/2026

24/08/2026

20/08/2026

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