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
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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.
Sponsorhip
The University of NairobiPublisher
School of Business