Before 2004, a lot of juristic ink was poured out calling for the amendment of certain provisions of the act. How arbitration, adr can facilitate foreign investments in. It is a modern and comprehensive document that will undoubtedly facilitate the development of arbitration in nigeria. P laces such as london and singapore are still the main hubs for international arbitration but nigeria has been attempting to raise its status in the past few years. English law in nigeria is derived from the colonial nigeria, while. The main arbitration law in nigeria is the arbitration and conciliation act, cap a18, laws of the federation of nigeria, 2004 aca. By enforcement under section 51 of the arbitration and conciliation act, cap. A comparison by adedoyin rhodesvivour mrs introduction on the 18 th day of may 2009, the lagos state arbitration law no. Nigeria is a common law country and the principal law on commercial arbitration is the arbitration and conciliation act aca. Conciliation act is derived from the uncitral model law an international convention sponsored by the united nations. A18, laws of the federation of nigeria, 2004 the aca. Customary law is derived from indigenous traditional norms and practices, including the dispute resolution meetings of precolonial yoruba land secret societies and the ekpe and okonko of igboland and ibibioland.
That would be the case with the provision of section 5 of the arbitration and conciliation act 1988 demanding the application of a procedure in the same court high courts. The arbitration and conciliation act 2004 is based on the uncitral model law, which aimed at harmonising and improving national laws along worldwide consensus on the principles of international commercial arbitration practice. In lagos, the lagos state arbitration law 2009 applies to all arbitrations that have not specified another law. It was known as the arbitration and conciliation decree 1988 aca1988 and came into effect on th march, 1988.
Additionally, nigeria is host to the second aalcc regional arbitration centre in africa. 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. Nigeria is a contracting state to the new york convention on the recognition and enforcement of foreign arbitral awards, having acceded to it on 17 march 1970. English law in nigeria is derived from the colonial nigeria, while common law is a development from its post colonial independence. The judgments of the nigerian courts are as good as those of any other courts in the. Correction and interpretation of award and additional award. Customary arbitration is an exception to section 1 1 of the arbitration and conciliation act which states that every arbitration agreement shall be in writing because under the customary arbitration the agreement to arbitrate is usually oral and can also be implied by conduct, and the proceedings too are usually oral but may be reduced to. The english common law and the doctrines of equity including the english statutes of general application were received into nigeria by the local legislatures during the colonial administration. The act knun as the aca governs both domestic and international arbitration proceedings with separate provisions for each. A18, laws of the federation of nigeria 2004 aca or the convention on recognition and enforcement of foreign arbitral awards 1958 the new york. The legal framework of arbitration in nigeria, that is to say the arbitration and conciliation act, 1988 see cap18a, laws of the federation of nigeria 2004, is dated and out of touch in many. Similarly, the three schedules to the act deal with arbitration rules, conciliation rules and the 1958 new york convention on the recognition and enforcement of foreign arbitral awards.
He is a delegate member of the international bar association. Nigerias insolvency law and arbitration like oil and. According to its long title, it is an act to provide a unified legal framework for the fair and efficient settlement of commercial disputes by arbitration and conciliation, and to make applicable the. The law and practice of customary arbitration in nigeria. The convention has now been made expressly applicable to nigeria by section 54 of the arbitration and conciliation act. In nigeria, the statute which provides the legal framework for the efficient settlement of commercial disputes is the arbitration and conciliation act, chapter 19, lfn 2004. Conciliationactrepealandreenactmentbill2017newdawnfornigeria. The lsal is a significant enactment because of the huge volume of trade and commerce that take 12 olawoyin, supra note 9, page 40 ibid 14 olawoyin, supra note 9, page 41 15 ibid 16 ibid. Customary arbitration, modern arbitration, customs, traditions, nigeria. Developing nigeria into an international centre for commercial arbitration in africa.
In nigeria, studies have drawn similarities between conciliation and mediation because both processes require the intervention of neutral third parties aturu, 2005. Arbitration as a tool for dispute resolution involved a. 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. Oil and gas international commercial arbitration and. A structured guide to arbitration laws and practice in nigeria.
Abstract a legal contrast it would seem where there exist two provisions of law which are complete opposite especially where the two provisions has to work together. The arbitration and conciliation act does not expressly empower an arbitral tribunal to consolidate separate arbitral proceedings. While regions such as london and singapore are still viewed as the major hubs for international arbitration nigeria has been attempting to increase its status over the last few years. The arbitration and concentration act cap a19, laws of the federation of nigeria, 2004. However, the local legislatures have terminated the reception of. Page 1 of 23 the federal arbitration act and the lagos state arbitration law. International commercial arbitration and african states. A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory. Court interference with international commercial arbitration. Arbitration and conciliation act 3 any arbitrator may be challenged, if circumstances exist that give rise to justifiable doubts as to the arbitrators impartiality or independence.
It provides a unified legal framework for the fair and efficient settlement of domestic and international commercial disputes in nigeria. Where a party commences a court action in breach of an arbitration agreement, the proceeding can be stayed by the court at the instance of the counterparty pending the conclusion of arbitration. The decree repeals the arbitration act, which was modelled on the arbitration ordinance of 1914, and incorporates certain provisions of the united nations model law on international commercial arbitration model law. The arbitration and conciliation act, 1988 is currently the applicable law on arbitration and conciliation throughout the federation of nigeria. Moreover, it supersedes any other law on arbitration in nigeria. The nigerian arbitration and conciliation decree, 1988 aria. The constitution of nigeria is the supreme law of the country. The primary sources of the nigerian law of arbitration are the english common law, the nigerian customary law and nigerian statues. The work of the committee resulted in a draft federal arbitration act and a proposed uniform states arbitration and conciliation law to be recommended to states for adoption. The english common law and the doctrines of equity including the english statutes of general application were received. The role of the courts in the nigerian legal system is governmental. An act to provide a unified legal frame work for the fair and efficient settlement of commercial disputes by arbitration and conciliation. Commercial arbitration in nigeria is governed by the arbitration and conciliation act cap a18 laws of the federation of nigeria 2004.
Laws of the federation of nigeria 1990 14 th march, 1998. Does national court involvement undermine the arbitration processes. Minkin jason rotstein javier garcia olmedo javier jaramillo. Even with the introduction of the common law, customary arbitration is still used today for settling of disputes such as title to landed properties within the communities. Petroleum act 1969 chapter p10 chapter 350 lfn, 1990 public enterprises privatisation and commercialisation act 1999 no. The first indigenous statute on arbitration and conciliation was enacted in 1988, by a military decree. Procedural aspect of arbitration in nigeria such awards. Sep 29, 2014 the arbitration and conciliation act, 1988 is currently the applicable law on arbitration and conciliation throughout the federation of nigeria. Arbitration and conciliation act section 9 judgments. The arbitration and conciliation act cap a18 laws of the federation of nigeria 2004 aca 2004. Selling aside of award in ease of misconduct by arbitrator, etc. There are four distinct legal systems in nigeria, which include english law, common law, customary law, and sharia law. The facilitative role of nigerian courts in arbitration. This is in part because nigerian businesses are increasingly seeing arbitration as a viable means of dispute resolution.
The arbitration and conciliation act does not expressly empower an arbitral tribunal to consolidate separate. Lagos state, in particular, showed an appreciation of the role of arbitration in improving the ease of business by passing the lagos arbitration law, propped by the lagos court of arbitration law. This paper is written on the presumption that the seat of the arbitration is in nigeria and the arbitration and conciliation act 1988, aca is the governing law. This act is the priory legislation governing the enforcement of arbitration agreements in nigeria. The place of arbitral proceedings shall be determined by the arbitral tribunal. Nigerian arbitration and conciliation act 2004, which was a reenactment of 1990 act plays important role in our arbitration and conciliation practice. Arbitration proceeding is a party driven process where parties determine their arbitrator, his powers, the seat of arbitration, the governing law ie lex abritri and the procedure to be. Nigeria regulates arbitration at the federal and state levels through the arbitration and conciliation act. The federal law governing arbitration in nigeria is the arbitration and conciliation act 1988. Africa to adopt the model arbitration law and conciliation rules elaborated by the united nations commission on international trade law uncitral. Developing nigeria into an international centre for. Jul 01, 2017 in nigeria, the statute which provides the legal framework for the efficient settlement of commercial disputes is the arbitration and conciliation act, chapter 19, lfn 2004.
Since 1988 the legislation typically invoked in nigeria as the framework legislation concerning commercial arbitration has been the federal arbitration and conciliation act 1988 although many states continue to have legacy arbitration legislation from nigerias colonial era on their statute books. Some states have also enacted their own arbitration laws. A guide to arbitration law and practice in nigeria. It must be noted that not every dispute can be resolved through arbitration. Arbitration and conciliation act cap a18 laws of the. Some aspects of the law and practice of commercial arbitration in. Arbitration and conciliation act ch 19 1990 law sources. The act is based on the uncitral model law and incorporates the uncitral arbitration rules. May 15, 2017 nigeria regulates arbitration at the federal and state levels through the arbitration and conciliation act. The author holds a llb hons from the university of ibadan. Law and practice of conciliation in nigeria journal of. Demystifying the nigerian arbitration and conciliation bill 2017.
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. Nigeria has its own constitution which was established on 29 may 1999. The following arbitration institutions are active in nigeria. The main arbitration law is the arbitration and conciliation act. If a party goes straight to court to file an action without reference to. Mar, 2016 arbitration and the nigerian constitution. If there is a failure to comply, a party can file an application for enforcement of the award. Arbitration is simply defined in the act as commercial arbitration, whether or not administered by a permanent arbitral institution. The arbitration and conciliation act chapter a18, laws of the federation of nigeria 2004 is the national arbitration law. Court interference with international commercial arbitration under the nigerian arbitration act by chizaram uzodinma, law student at nigerian law school, lagos campus there has been a battle of supremacy between national courts and the autonomy of parties in arbitral proceedings to decide the jurisdiction and finality of the arbitral process.
Apr 20, 2017 court interference with international commercial arbitration under the nigerian arbitration act by chizaram uzodinma, law student at nigerian law school, lagos campus there has been a battle of supremacy between national courts and the autonomy of parties in arbitral proceedings to decide the jurisdiction and finality of the arbitral process. Uba introduced the arbitration and conciliation act repeal and reenactment bill the bill. Nigerian businesses are increasingly viewing arbitration as a viable means of dispute resolution. Arbitration and conciliation act, cap 18, lfn 20047 is the main nigerian statute dealing with arbitration. As part of this focus a court was launched in 2012 under the lagos court of arbitration lca law.
The nigerian arbitration and conciliation decree, 1988. Nigeria has also adopted and ratified the new york convention, principally for the enforcement of arbitral awards. Several states in nigeria retain the ordinancebased law. Enforcement of foreign arbitral awards in nigeria quo vadis. Arbitration and conciliation in nigeria law repository nigeria. Mediation and conciliation the law reform commission is an independent statutory body established by the law reform commission act 1975. The arbitration and conciliation act mandatorily applies to all domestic. Recourse against award application for setting aside an arbitral award. The law of nigeria consists of courts, offences, and various types of laws. If this is the first time you use this feature, you will be asked to authorise cambridge core to connect with your account. The convention has now been made expressly applicable to nigeria by section 54 of the arbitration and conciliation act, lfn 2004, which factors in the provi. Using the uncitral model law on international commercial conciliation as a normative framework, the article critically analyses the proposed reforms to the existing legal framework for conciliation in nigeria which are contained in the nigerian federal arbitration and conciliation draft bill and exposes some of its deficiencies. This system of dispute resolution has been in operation in nigeria for years before the advent of the british colonial administration introduced the common law system in the 19 th century.
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