Factors influencing resolution of commercial disputes in the COMESA region

Abstract

We live in a shrinking world where local concerns become regional, and regional become global. Economic activity is cross-border which means that people and institutions from different cultures with different legal backgrounds and different business expectations are learning to work with each other. Disputes are an inevitable product of business transactions and resolution of those disputes can describe the difference between a productive commercial relationship or closure; a phenomenal rise in domestic and international investment or none at all. The objective of this study was to establish the factors that influence resolution of commercial disputes within COMESA as well as to investigate the factors that hinder resolution of commercial disputes within COMESA. descriptive survey was used by the virtue of its capacity to enable the researcher describe the area of research and explain the collected data in order to investigate the differences and similarities with our frame of reference within a given period of time. The targeted population was the 20 countries within the COMESA region which included Angola, Burundi, Comoros, Democratic Republic of Congo, Djibouti, Egypt, Eritrea, Ethiopia, Kenya, Madagascar, Malawi, Mauritius, Namibia, Rwanda, Seychelles, Sudan, Swaziland, Uganda, Zambia and Zimbabwe. Commercial attaches representing each member state were the targeted respondents for the study. The researcher used primary sources to collect the data which consisted of a semistructure questionnaire comprising of both open-ended and close-ended questions. Open ended questions were use to address the essential concepts, processes, and skills that go beyond the specifics of instruction as well as those areas that the researcher would wish to get deeper viii explanation from the respondents while the close ended questions guided the researcher to capture quick information from the respondents as well as those that are express in meaning and thus will not require explanations beyond what is stated. Data collected from respondents will be both quantitative and qualitative in nature and was analyzed using a statistical package as well as the content analysis and presented using tables, pie charts, and bar graphs for easier interpretation. From the study the researcher recommends that, involving different parties in discussions at proposal or concept stage may give them an opportunity to flag up areas of possible difficulty. Although their participation might delay a decision, implementation may be speeded up due to the greater perceived legitimacy of the process and likely outcomes made more acceptable.