Nigeria is a federation of 36 states and a federal capital territory, and its courts operate at both federal and state levels. Court interference with international commercial arbitration. 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. He is a delegate member of the international bar association. The present topic contains an unstated assumption that the role of courts in arbitration is, or should be, different from their everyday role. This act is the priory legislation governing the enforcement of arbitration agreements in nigeria. Arbitration and conciliation in nigeria law repository nigeria. The court has been and still is the traditional means of dispute resolution. However, section 40 of the lagos arbitration law states that parties are free to agree to. Arbitration, in one form or another has been with mankind from the beginning of time. Arbitration and conciliation act chapter 18 laws of the.
The arbitration and conciliation act aca contains some mandatory. A structured guide to arbitration laws and practice in nigeria. Moreover, it supersedes any other law on arbitration in nigeria. Nigeria will amend its current legislation, the nigerian arbitration and conciliation act, via an amendment bill the bill. Eecs school of electronic engineering and computer science.
The plaintiffs witness gave evidence of contract between nigerian national petroleum corporation and lutin investment limited and whether that company is in geneva or virgin island or whether the company with which n. The principal legislation that governs arbitration is the arbitration and conciliation act 1988 laws of the federation of nigeria 2004 cap a18 aca, which is the federal statute. An act to provide a unified legal frame work for the fair and efficient settlement of commercial disputes by arbitration and conciliation. Although where the arbitration is international, the arbitration and conciliation act cap a18, laws of the federation of nigeria, 2004 the. The parties are free to agree on the number of arbitrators to constitute number of the arbitral. In this article we have provided all the reference books, authors and topics and contents about the book the arbitration and conciliation act 1996. United nations commission on international trade law uncitral model law on international commercial arbitration 1985 with amendments as adopted in 2006. Arbitration and conciliation act nigerian law intellectual. 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 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. Provided that parts i, iii and iv shall extend to the state of jammu and kashmir only in so far as they relate to international commercial arbitration or, as the case may be, international commercial conciliation. The role of the courts in the nigerian legal system is governmental. The arbitration and conciliation act mandatorily applies to all domestic. Market intelligence provides a unique perspective on evolving legal and regulatory landscapes in major jurisdictions around the world. Arbitration as a tool for dispute resolution involved a. Law and practice of conciliation in nigeria journal of. Some states in nigeria also have their own arbitration laws. The legal framework for commercial arbitration and conciliation in nigeria, 1994 9 f. 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.
Additionally, nigeria is host to the second aalcc regional arbitration centre in africa. Nigerian businesses are increasingly viewing arbitration as a viable means of dispute resolution. The main arbitration law is the arbitration and conciliation act. Uncitral model law on international commercial arbitration. 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. 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. Where a provision of this act, except section 30, leaves the parties free to determine a. This act shall not affect any other law by virtue of which certain disputesa may not be submitted to arbitration.
Termination of mandate due to failure or impossibility to act. Does national court involvement undermine the arbitration processes. The arbitration and conciliation act chapter a18, laws of the federation of nigeria 2004 is the national arbitration law. Consumer protection council act nigeria export processing zones authority decree 1992. Through engaging, easily comparable interviews, the series provides the legal professions thought leaders with a platform for sharing their views on current market conditions and developments in the law. The law and practice of customary arbitration in nigeria. The nigerian arbitration and conciliation decree, 1988 aria. 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.
Notwithstanding the provisions of the constitution of the federal republic of nigeria 1979, an interim or interlocutory order, judgement or decision made by. The arbitration and conciliation act 1996 pdf book. How arbitration, adr can facilitate foreign investments in. Law project topics and materials for undergraduates. The arbitration and conciliation act 1988 aca cap a18 laws of the. The arbitration and conciliation act, 1988 is currently the applicable law on arbitration and conciliation throughout the federation of nigeria. 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. Nigeria definitely possesses the hallmarks and ticks all the boxes for an international centre for commercial arbitration, especially at this time of our democracy.
The arbitration and concentration act cap a19, laws of the federation of nigeria, 2004. Buy the arbitration and conciliation act,1996 notes pdf online from icsi. The act knun as the aca governs both domestic and international arbitration proceedings with separate provisions for each. 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. Download the arbitration and conciliation act,1996 notes pdf. 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. Mazrui, othe reparation debateo, 7th pan african news, julyaugust 1993, p. Courts specifically described in the constitution 1 as superior courts of record, are both federal and state courts, and below these courts are other courts, which may again be both federal and state courts, exercising jurisdiction under either federal or state law. Africa to adopt the model arbitration law and conciliation rules elaborated by the united nations commission on international trade law uncitral.
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. Criminal code act criminal procedure act evidence act money laundering prohibition act, 2004 money laundering prohibition act, 2004 police service commission establishment act, 2001. Nigeria or in any contracting state arising out of international commercial. Arbitration and conciliation act chapter 18 laws of the federation of nigeria 2004 14th march, 1998 an act to provide a unified legal frame work for the fair and efficient settlement of commercial disputes by arbitration and conciliation. Arbitration law is one sole arbitrator, but parties are free to stipulate. Now, nigeria is trying to get the matter axed for lack of jurisdiction under fsia, saying the company cant show that an exception to the general immunity a sovereign nation enjoys under the act.
Trade disputes act arrangement of sections part i procedure for settling trade disputes section 1. Law to provide for the resolution of disputes by arbitration in lagos state and forconnecfed purposes. Developing nigeria into an international centre for. The arbitration and conciliation act 1996 pdf book is free and available for everyone to download as a pdf. 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.
Additional provisions relating to international commercial arbitration and conciliation. A panacea for investment disputes bello, adesina temitayo phd abstract this article seeks to show arbitration as a dispute resolution mechanism in resolving or acting as a remedy for investment disputes both locally and internationally. It provides a unified legal framework for the fair and efficient settlement of domestic and international commercial disputes in nigeria. 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. Nigerias insolvency law and arbitration like oil and water.
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. In nigeria, studies have drawn similarities between conciliation and mediation because both processes require the intervention of neutral third parties aturu, 2005. The nigerian government, for example, has enacted the arbitration and conciliation decree 1988 decree. Customary arbitration, modern arbitration, customs, traditions, nigeria. 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. Reference of dispute to arbitration tribunal if conciliation fails. Act, other than section 47 of this act, leaves the parties free to determine a certain.
Furthermore, the legal structure required for international arbitration currently exists in nigeria. A court shall not intervene in any matter governed by this act, except, where so provided in this act. The author holds a llb hons from the university of ibadan. But the company said nigeria reneged on the deal, and after a yearslong arbitration in england, a tribunal in london organized under the rules of the nigerian arbitration and conciliation act. Free practical law trialto access this resource, sign up for a free trial of. International commercial arbitration and african states.