Similarly, some of the adopting countries are prominent trading partners with nigeria. The nigerian institute of chartered arbitrators nicarb is the premier arbitration institute in nigeria founded in 1979. According to nursing and midwifery council of nigeria 2005, the detailed history of a profession that combines scientific principle, technical skills and personal comparison cant be precisely relayed but records hold that nursing came to limelight in 1854 when the mother of professional nursing, florence nightingale started the battlefield with other 38 nurses and cared for the sick. Arbitration as a tool for dispute resolution involved a.
Jun 27, 2018 appraisal of customary law arbitration in nigeria. The nigerian arbitrator international arbitration from. Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. Laws of the federation of nigeria 1990 14 th march, 1998. This work discusses the legal framework for arbitration in nigeria.
That the award is not binding, was set aside or was suspended at origin, or. Appointment of arbitrators in nigeria is the first step to commence an arbitration proceeding. To become a worldwide recognized leader in commercial maritime dispute resolution by supporting and facilitating domestic and international arbitration and promoting nigeria as a venue for the settlement of maritime disputes through arbitration and adr. The nigerian arbitrator is a website for young nigerian lawyers to learn about and have engaging. Customary arbitration, modern arbitration, customs, traditions, nigeria. Pdf procedural aspect of arbitration in nigeria researchgate. Pdf legal framework of arbitration in nigeria ann ezeanya. The different forms or genres of arbitration in nigeria, as an alternative dispute resolution method, will be explained with the emphasis on commercial arbitration.
Abstract this article will examine the state of commercial arbitration in nigeria. Lagos chamber of commerce internationial arbitration. Arbitration is simply defined in the act as commercial arbitration, whether or not administered by a permanent arbitral institution. The venue where an application can be made for the recognition or enforcement of foreign arbitral award in nigeria is the court and the arbitration and conciliation act of nigeria defined court to mean the high court of the state, the federal high court, and. I made a case for the house of representatives hor to pass the bill to amend the arbitration and conciliation act before the end of the quarter 2 of 2019.
Typically, arbitration is used in situations where the parties cannot agree on the facts of a dispute or the conflict is purely monetary. Customary arbitration as an alternative dispute resolution. I wrote about the imminent birth of an era in the history of arbitration in nigeria, which could ensure that nigeria becomes one of the preferred seats for arbitration. Arbitration in nigeria could be mandatory or consensual. An arbitration award is legally binding on both sides and enforceable in the courts. The arbitration and conciliation act chapter a18, laws of the federation of nigeria 2004 is the national arbitration law. And insofar as the fear is that arbitration is being converted to litigation by setaside proceedings or that challenge applications diminish the status of arbitration in nigeria or even worse. Nigeria is a signatory to the convention on the recognition and enforcement of foreign arbitral awards 1958 otherwise known as the new york convention and has, in the aca, domesticated the convention. Arbitration in nigeria is primarily governed by the arbitration and conciliation act aca enacted, a federal legislation enacted in 1988. In my previous article, i mentioned that 2018 was quite an interesting year for the arbitration community in nigeria, considering the considerable developments in the nigerian arbitration space. The law that governs arbitration in nigeria is the arbitration and conciliation act 1988, which is applicable over the federation except for lagos state that has its own law, the lagos state arbitration law, 2009 lsal.
Jan, 2016 customary arbitration as an alternative dispute resolution mechanism in nigeria. Nigeria is a common law country and the principal law on commercial arbitration is the aca. The arbitral process is facilitated by the history of issues for determination which. Slideshow 2 images the information minister made no mention of seeking a settlement. It has a vibrant multicultural society with a rich cultural history. Oct 19, 2015 legal framework of arbitration in nigeria. Arbitration is a process of alternative dispute resolution adr in which a neutral third party arbitrator renders a decision after a hearing at which both parties. Because nigeria has not adopted arbitration, a mismatch in the tax regime regarding dispute resolution between nigeria and these countries can increase uncertainties and potentially result in a decline in foreign investments into nigeria. Arbitration, a form of alternative dispute resolution adr, is a way to resolve disputes outside the courts. Arbitration and alternative dispute resolution adr are not imported mechanisms in nigeria. Traditionally in nigeria like most of africa disputes were traditionally resolved through arbitration and adr. The origin of government intervention in labour relations is only trace able to the early forties when the trade disputes arbitration and inquiry. The history of arbitration, unlike the history of law, is not an account of the growth and development of principles and doctrines that have come, through a long use, to have a general validity and force.
The principle law that governs arbitration in nigeria is the arbitration and conciliation act 1988aca, which is functional over the federation except for lagos state as it has its law, the lagos state arbitration law, 2009 lsal. Arbitration in nigeria tayo fashoyin the author traces the evolution and growth of the conflict resolution in industry in nigeria, with particular reference to arbitration. Jul 01, 2019 2019 new trending nigerian movieslatest african movies trendingtrending nollywood movieslatest 2019 movies at nolly max movies your entertainment is ou. Jun 11, 2019 a structured guide to arbitration agreements in nigeria. In partnership with the international chamber of commerce, stears assesses the role of arbitration in nigeria as the 2nd annual africa regional arbitration conference commences with the theme arbitration, catalyst for economic growth. Extrajudicial settlement of dispute has always been a feature of our indigenous customary law. Arbitration and other alternative dispute resolution methods were used to resolve conflicts. The nigerian arbitration law is derived mainly from statutes both international as well as local. Arbitration, in one form or another has been with mankind from the beginning of time. While arbitration probably antedates all the former legal systems, it has not developed any code. Corporate profile regional centre for international. Nigeria has its own constitution which was established on 29 may 1999.
An act to provide a unified legal frame work for the fair and efficient settlement of commercial disputes by arbitration and conciliation. Indeed customary law arbitration and adr remains part of the nigerian legal system. International arbitration from the nigerian perspective. The historical background of commercial arbitration. Further, both parties must have mutually agreed or. History of arbitration in nigeria the concept of arbitration is not new in nigeria. There are a growing number of established arbitral institutions in nigeria, such as the lagos regional centre for international commercial arbitration and the lagos court of arbitration.
It is now considered dated but efforts to replace it are currently stultified in the legislative process. Resolving disputes in nigeria is an arduous process, particularly in traditional courts. The constitution of nigeria is the supreme law of the country. The institutes main focus is in the area of professional training and practical. The origin of government intervention in labour relations is only trace. Introduction before the advent of the arbitration and conciliation act which serves as the principal statute regulating arbitration practice in nigeria, arbitration was conducted in accordance with the customs and traditions of people. I wrote about the imminent birth of an era in the history of arbitration in nigeria, which could ensure that nigeria becomes one of the preferred seats. Akpata ephraim, the nigerian arbitration law in focus 1997, p. The act is based on the uncitral model law and incorporates the uncitral arbitration rules. Background of the study it is a fact that life generally is a continuous succession of quarrels and disputes. Arbitration is a form of adjudicative adr that is generally conducted by a single arbitrator or a panel of three. The divergent provisions of the law on domestic and international commercial. It must be noted that not every dispute can be resolved through arbitration. Emerson l ong before laws were established, or courts were organized, or judges formulated principles of law, men had resorted to arbitration for the resolving of discord, the adjustment of differences, and the settlement of.
International arbitration laws and regulations nigeria covers common issues in international arbitration laws and regulations including arbitration agreements, governing legislation, choice of law rules, selection of arbitral tribunal, preliminary relief and interim measures in 52 jurisdictions. This article reveals the existence of customary arbitration in nigeria prior to the introduction of. Finally, i would like to proffer the view that the time has arrived in nigeria, when an enabling legislation providing for compulsory adr as a condition precedent to any other method of dispute resolution as is the case in the state of texas, u. Court voids two arbitration awards worth n840bn against nnpc. Disputes, in their various guises, are an inevitable part of human interaction. Lagos chamber of commerce internationial arbitration centre. To be valid, an arbitration agreement must be in writing or otherwise evidenced in writing. As with every year, 2019 came with its high and low moments.
The first phase is the one that existed up to 1968 when the 1941 law was set aside, a. Home the nigerian institute of chartered arbitrators. Article 4 of the arbitration rules contained in the act provides that the. Emerson l ong before laws were established, or courts were organized, or judges formulated principles of law, men had resorted to arbitration for the. The legal framework of arbitration and enforcement of. There are four distinct legal systems in nigeria, which include english law, common law, customary law, and sharia islamic law. It could however be mandatory where the extant law compel the parties to result to arbitration in any case of dispute. Brief history of alternative dispute resolution in the united. Brief history of alternative dispute resolution in the.
The lagos court of arbitration lca was founded in 2009 in response to the need to create a new and modern legal framework for the resolution of commercial disputes in nigeria and the west african region. One constituent state, lagos, has enacted more modern arbitration legislation, but there is ongoing controversy as to. It also includes the procedure for arbitral proceedings as well as the principles and rules governing arbitration and conciliation in. The law of nigeria consists of courts, offences, and various types of laws. It is largely based on the uncitral model law on international commercial arbitration of 1985 with minor differences. Customary arbitration as an alternative dispute resolution mechanism in nigeria. The lagos court of arbitration lca was founded in 2009 in response to the need to create a new and modern legal framework for the resolution of commercial disputes in. One state in particular is trying to promote itself as a key arbitration hub in africa. Jun 11, 2019 the arbitration and conciliation act chapter a18, laws of the federation of nigeria 2004 is the national arbitration law.
Arbitration has been used formally as a form of dispute resolution in nigeria since the early 20th century. The regional centre for international commercial arbitration lagos the centre the centre was established in lagos nigeria in 1989 under the auspices of the asian african legal consultative organisation aalco by exchange of letters of agreement concluded in 1980 between the aalco and the centres host the federal government of nigeria the host. Sep 27, 2015 commercial arbitration in nigeria is governed by the arbitration and conciliation act cap a18 laws of the federation of nigeria 2004. Some states have also enacted their own arbitration laws. May 15, 2017 in partnership with the international chamber of commerce, stears assesses the role of arbitration in nigeria as the 2nd annual africa regional arbitration conference commences with the theme arbitration, catalyst for economic growth. Lagos is the industrial powerhouse of nigeria, a bustling hub for established businesses and entrepreneurs alike. There are planned reforms to nigerias arbitration law and a focusing of. We witnessed several momentous developments for international arbitration in subsaharan africa and particularly, in nigeria. The dispute will be decided by one or more persons the arbitrators, arbiters or arbitral tribunal, which renders the arbitration award.
The venue where an application can be made for the recognition or enforcement of foreign arbitral award in nigeria is the court and the arbitration and conciliation act of nigeria defined court to mean the high court of the state, the federal high court, and the high court of federal capital territory abuja. It also includes the procedure for arbitral proceedings as well as the principles and rules governing arbitration and conciliation in nigeria. The institute promotes advocacy, capacity building, research, arbitration referral services, strategic partnership and programme development. A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under.