A Bifurcated System of Labour Dispute Arbitrations in Botswana: The Trade Disputes Act or the Arbitration Act?

Abstract

In Botswana in recent years, there has been a renewed interest by the government to align alternative dispute resolution (ADR) mechanisms with the demands of modern dispute resolution. This article examines arbitration as a form of ADR for labour disputes under the Trade Disputes Act (TDA) 2016. It considers the framework established for this process, the scope of the process and the powers of arbitrators under the TDA.

The resolution of labour disputes in Botswana is not exclusive to the TDA. The article, therefore, considers the possibility of private arbitration and how it may materialize under the Arbitration Act 1959. It analyses the extent to which arbitration under the two systems are similar and / or different. While the process of arbitration under the TDA will likely emulate that under the Arbitration Act, there are various aspects specifically tailored for labour arbitration under the TDA that make the framework unique.