Michael Mothobi told a workshop of the Botswana Exporters and Manufacturers Association (BEMA) last Thursday at Thapama Lodge here that arbitration was increasingly being used to resolve international commercial disputes because there was no realistic alternative.
Ironically, such arbitration of trade disputes is always done at the High Court in Botswana, but most of the judges there possess no background in trade or business.
"With due respect to our judges and lawyers, (I think) it is sometimes a tall order for them to handle such cases," Mothobi said, and called for the establishment of a trade dispute tribunal to speed up the process of conflict resolution and attract foreign direct investment. Mothobi, who teaches law at the University of Botswana, was presenting a paper titled Joint Ventures As A Way To Assist Local Businesses In Becoming Regionally and Globally Competitive. He said export trade presupposed the conclusion of international sales contracts, hence the arising of the problem of different national origins. When joint ventures were of different national origins, it was important to choose a neutral law that had no link to the parties involved.
