COMPARATIVE ANALYSIS OF CUSTOMARY ARBITRATION PRACTICES ACROSS CULTURES

Abstract

The concept of Arbitration is not new to mankind as indigenous peoples from ancient times sought and established systems to resolve conflicts in order to prevent irredeemable loss of life and properties. These systems and measures now currently understudied have now come to be known as customary arbitration. Customary arbitration, as a dispute resolution mechanism, has deep roots in various cultural traditions worldwide. Unlike formal arbitration, which is often governed by statutory frameworks and formal rules, customary arbitration is predominantly based on social norms, traditions, and the cultural values of the communities involved. Its significance lies in its adaptability to local contexts and its ability to resonate with the communities that employ it. And dependent on this, parties to a customary arbitration must agree to submit to a customary arbitration. Another compelling feature of customary arbitration is that, the proceedings of a customary arbitration including the arbitral award may or may not be written. It is therefore sufficient that there are witnesses to such proceedings. In this article, the researcher would like to trace/draw a comparative analysis of customary arbitration practices across different cultures, highlighting similarities and differences in their principles, procedures, and effectiveness. It would examine specific examples from various regions; identify the influence of cultural factors on the arbitration process and its outcomes; suggesting that in order to enhance customary arbitration practices across cultures it must have a formal legal recognition within the national legal systems, promote equity and fairness, prioritize cultural sensitivity and understanding, create room for more integrated and effective approach to dispute resolution