Commercial arbitration in nigeria is governed by the arbitration and conciliation act cap a18 laws of the federation of nigeria 2004. 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. 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. The arbitration and conciliation act cap a18 laws of the federation of nigeria 2004 aca 2004. Several states in nigeria retain the ordinancebased law. Some states have also enacted their own arbitration laws. 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 facilitative role of nigerian courts in arbitration. 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. A18, laws of the federation of nigeria, 2004 the aca. The english common law and the doctrines of equity including the english statutes of general application were received. Recourse against award application for setting aside an arbitral award. 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. Minkin jason rotstein javier garcia olmedo javier jaramillo. As part of this focus a court was launched in 2012 under the lagos court of arbitration lca law. It must be noted that not every dispute can be resolved through arbitration.
Conciliationactrepealandreenactmentbill2017newdawnfornigeria. Selling aside of award in ease of misconduct by arbitrator, etc. Nigeria has its own constitution which was established on 29 may 1999. Nigeria has also adopted and ratified the new york convention, principally for the enforcement of arbitral awards. The act is based on the uncitral model law and incorporates the uncitral arbitration rules. If this is the first time you use this feature, you will be asked to authorise cambridge core to connect with your account. The judgments of the nigerian courts are as good as those of any other courts in the. Arbitration and conciliation in nigeria law repository nigeria.
If there is a failure to comply, a party can file an application for enforcement of the award. 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. Uba introduced the arbitration and conciliation act repeal and reenactment bill the bill. Developing nigeria into an international centre for commercial arbitration in africa. 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. He is a delegate member of the international bar association. English law in nigeria is derived from the colonial nigeria, while. It borrows heavily from uncitral united nations commission on international trade law model law of international commercial arbitration which was adopted by the united nations general assembly in 1985 and the. The main arbitration law is the arbitration and conciliation act. Nigeria regulates arbitration at the federal and state levels through the arbitration and conciliation act. 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.
International commercial arbitration and african states. A guide to arbitration law and practice in nigeria. A18, laws of the federation of nigeria 2004 aca or the convention on recognition and enforcement of foreign arbitral awards 1958 the new york. Africa to adopt the model arbitration law and conciliation rules elaborated by the united nations commission on international trade law uncitral. Nigerian arbitration and conciliation act 2004, which was a reenactment of 1990 act plays important role in our arbitration and conciliation practice. 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 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. Prior to this development the arbitration law on the statute books of lagos state was the federal.
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. Law and practice of conciliation in nigeria journal of. Conciliation act is derived from the uncitral model law an international convention sponsored by the united nations. 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. In lagos, the lagos state arbitration law 2009 applies to all arbitrations that have not specified another law. The convention has now been made expressly applicable to nigeria by section 54 of the arbitration and conciliation act. 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. Nigeria international council for commercial arbitration. This act is the priory legislation governing the enforcement of arbitration agreements in nigeria. Customary arbitration, modern arbitration, customs, traditions, nigeria. Arbitration and conciliation act cap a18 laws of the.
The constitution of nigeria is the supreme law of the country. 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. Does national court involvement undermine the arbitration processes. Arbitration and conciliation in nigeria law repository. Sep 29, 2014 the arbitration and conciliation act, 1988 is currently the applicable law on arbitration and conciliation throughout the federation of nigeria. In nigeria, studies have drawn similarities between conciliation and mediation because both processes require the intervention of neutral third parties aturu, 2005. Developing nigeria into an international centre for.
Enforcement of foreign arbitral awards in nigeria quo vadis. Bureau of public procurement central bank of nigeria energy commission joint tax board ministry of finance. A structured guide to arbitration laws and practice in nigeria. The author holds a llb hons from the university of ibadan. The first indigenous statute on arbitration and conciliation was enacted in 1988, by a military decree. However, the local legislatures have terminated the reception 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. May 15, 2017 nigeria regulates arbitration at the federal and state levels through the arbitration and conciliation act. 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. Arbitration and conciliation act, cap 18, lfn 20047 is the main nigerian statute dealing with arbitration. The arbitration and conciliation act does not expressly empower an arbitral tribunal to consolidate separate arbitral proceedings. 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. It provides a unified legal framework for the fair and efficient settlement of domestic and international commercial disputes in nigeria. By enforcement under section 51 of the arbitration and conciliation act, cap. Law and practice of conciliation in nigeria request pdf. The law of nigeria consists of courts, offences, and various types of laws. This is in part because nigerian businesses are increasingly seeing arbitration as a viable means of dispute resolution. Nigeria is a common law country and the principal law on commercial arbitration is the arbitration and conciliation act aca. The place of arbitral proceedings shall be determined by the arbitral tribunal. A clause in the contract which states that any dispute arising out of the agreement between the parties will be referred to arbitration in accordance with the act.
The nigerian arbitration and conciliation decree, 1988 aria. Mediation and conciliation the law reform commission is an independent statutory body established by the law reform commission act 1975. 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. The arbitration and concentration act cap a19, laws of the federation of nigeria, 2004. It was known as the arbitration and conciliation decree 1988 aca1988 and came into effect on th march, 1988. Arbitration as a tool for dispute resolution involved a. Jun 11, 2019 the arbitration and conciliation act chapter a18, laws of the federation of nigeria 2004 is the national arbitration law. An act to provide a unified legal frame work for the fair and efficient settlement of commercial disputes by arbitration and conciliation. 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. Lagos state, in particular, showed an appreciation of the role of arbitration in improving the ease of business by passing the lagos arbitration law.
Correction and interpretation of award and additional award. The federal law governing arbitration in nigeria is the arbitration and conciliation act 1988. Demystifying the nigerian arbitration and conciliation bill 2017. Oil and gas international commercial arbitration and. English law in nigeria is derived from the colonial nigeria, while common law is a development from its post colonial independence. Nigerias insolvency law and arbitration like oil and. Moreover, it supersedes any other law on arbitration in nigeria. 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.
A comparison by adedoyin rhodesvivour mrs introduction on the 18 th day of may 2009, the lagos state arbitration law no. Arbitration and conciliation act section 9 judgments. 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. The law and practice of customary arbitration in nigeria. 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. 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. 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. 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. The arbitration and conciliation act, 1988 is currently the applicable law on arbitration and conciliation throughout the federation of nigeria. The arbitration and conciliation act chapter a18, laws of the federation of nigeria 2004 is the national arbitration law. Arbitration is simply defined in the act as commercial arbitration, whether or not administered by a permanent arbitral institution. 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. The arbitration and conciliation act does not expressly empower an arbitral tribunal to consolidate separate.
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. 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. How arbitration, adr can facilitate foreign investments in. Procedural aspect of arbitration in nigeria such awards. The role of the courts in the nigerian legal system is governmental.
Page 1 of 23 the federal arbitration act and the lagos state arbitration law. Court interference with international commercial arbitration. The nigerian arbitration and conciliation decree, 1988. 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. Nigerian businesses are increasingly viewing arbitration as a viable means of dispute resolution.
The main arbitration law in nigeria is the arbitration and conciliation act, cap a18, laws of the federation of nigeria, 2004 aca. Some aspects of the law and practice of commercial arbitration in. 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. Arbitration and conciliation act ch 19 1990 law sources. The following arbitration institutions are active in nigeria. Laws of the federation of nigeria 1990 14 th march, 1998. Petroleum act 1969 chapter p10 chapter 350 lfn, 1990 public enterprises privatisation and commercialisation act 1999 no. If a party goes straight to court to file an action without reference to. The arbitration and conciliation act mandatorily applies to all domestic.
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