Arbitration, in one form or another has been with mankind from the beginning of time. Arbitration in nigeria is governed by the arbitration and conciliation act aca, 1 which provides for the grounds for setting aside arbitral awards, including where the arbitrator has misconducted himself. On interpretation of aspects of nigerias arbitration and conciliation act volume 62, issue 2 gbenga bamodu a1. The ordinance came into force on the 31st day of december 1914. The first statute on arbitration in nigeria was the 1914 arbitration ordinance. Moreover, it supersedes any other law on arbitration in nigeria. Before 2004, a lot of juristic ink was poured out calling for the amendment of certain provisions of the act. Chapter 12 contains the recommendations made by the commission in the report. The recognition and enforcement of international arbitral. There are planned reforms to nigerias arbitration law and a focusing of. Nigeria is a signatory to the new york convention 5 and article v of the convention on setting aside is incorporated into section 52 of the arbitration and conciliation act 1988.
The primary sources of the nigerian law of arbitration are the english common law, the nigerian customary law and nigerian statues. Some states in nigeria also have their own arbitration laws. Article 4 of the arbitration rules contained in the act provides that the. 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. A18, laws of the federation of nigeria lfn, 2004 hereinafter. Section 411 of the act 19 provides the conciliation body shall acquaint itself with details of the case and procure such other information, as it may be required for the purpose of settling the. 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. Nigeria international council for commercial arbitration. Most people are of the opinion that dispute resolution by litigation in court is time consuming and money consuming whereas arbitration may speed the resolution and lower the expenses of disputes.
Nigeria is now looking at allowing tpf, like hong kong and singapore, but it is going about matters in a different way. The principle of arbitrability in nigeria revisited deepdyve. A court shall not intervene in any matter governed by this act, except, where so provided in this act. Ordinarily, the principle is that courts are not allowed to intervene in an arbitration matter. Analysis of section 34 of the arbitration and conciliation. Nigerian arbitration and conciliation act 2004, which was a reenactment of 1990 act plays important role in our arbitration and conciliation practice. Given the fact that countries like nigeria, kenya or zimbabwe have regulations on. Section 71d of the limitation act of the federal capital territory, abuja, 24 the limitation law of the fct is similar to section 81d of the. Indirect reform in nigeria nigeria will amend its current legislation, the nigerian arbitration and conciliation act, via an amendment bill.
Nigerian arbitration and conciliation act 2004, which. The convention has direct application in nigeria by virtue of section 54 of the arbitration and conciliation act, and is incorporated into the act in schedule ii. Although losing parties frequently petition the courts to set aside arbitral wards, such applications are infrequently granted. Client alert international arbitration third party. The act merely provides that the parties to any agreement may seek amicable settlement of any dispute in relation to the agreement by conciliation. Pdf abstract arbitration is one term that is frequently used in both legal and non legal settings and it is often used. The arbitration and conciliation act aca contains some mandatory. However, the federal arbitration and conciliation act cap a18, laws of the federation of nigeria 2004 applies throughout nigeria to both domestic and international arbitration, and its provisions prevail over any state laws to the extent of any inconsistency. The appendix contains a draft mediation and conciliation bill to give effect to the commissions recommendations in the report concerning the enactment of a statutory framework for mediation and conciliation. Arbitration and conciliation act cap a18 laws of the.
Trade disputes act 2004 defines trade dispute as any. The arbitration and conciliation act, 1988 is currently the applicable law on arbitration and conciliation throughout the federation of nigeria. What documents must the parties disclose to the other parties andor the arbitrator. One constituent state, lagos, has enacted more modern arbitration legislation, but there is ongoing controversy as to whether state. 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 17 arbitration and conciliation act aca, 1988 cap. Alternative dispute resolution and collective conciliation. The applicant must file his application for stay before taking step in the proceedings.
Alternative dispute resolution and collective conciliation in nigeria. Under section 522 a iii, an award may be refused recognition and enforcement if a party was otherwise not able to present his case. In nigeria, conciliation is recognized by the arbitration and conciliation act. 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. The principal act for regulating arbitration and conciliation in nigeria is the arbitration and conciliation act nigerian.
Analysis of section 34 of the arbitration and conciliation act setting aside of arbitral award. Unfortunately, the 2004 act failed to address any of the issues raised by these. In tulip nigeria ltd v noleggioe maritime sas 2 the court of appeal held that a foreign arbitration award is now enforceable in nigeria directly pursuant to the new york. The act is based on the uncitral model law and incorporates the uncitral arbitration rules. Law and practice of arbitration and conciliation in nigeria. An act to provide for the establishment of the national housing fund and for matters connected therewith.
Conciliation rules an act to provide a unified legal frame work for the fair and efficient settlement of commercial disputes by arbitration and conciliation. This paper discusses in detail section 34 of the arbitration and conciliation act, 1996, and tries to. Since it was enacted 29 years ago, there have been several important legal developments in arbitration. Arbitration and conciliation act cap a18 laws of the federation of nigeria 2004 call for amendment the arbitration agreement. Parties presentation of respective cases, documents and any other evidence. The arbitration and conciliation act, 2004 applies to all domestic arbitration where parties have not chosen another law to govern their proceeding. Be it enacted by parliament in the fortyseventh year of the republic of india as follows. Arbitration and conciliation in nigeria law repository. Procedural aspect of arbitration in nigeria in ayina v sapara, 49 the court in considering this point, observed that the demeanour of a witness is to. Read the principle of arbitrability in nigeria revisited, journal of international arbitration on deepdyve, the largest online rental service for scholarly research with thousands of academic publications available at your fingertips. Law and practice of conciliation in nigeria journal of. Arbitration is simply defined in the act as commercial arbitration, whether or not administered by a permanent arbitral institution. Registered trustees of ikoyi club 1996 fhclr 371 3 international centre for the settlement of investment disputes act i 20, laws of the federation of nigeria 2004.
The english common law and the doctrines of equity including the english statutes of general application were received. Arbitration and conciliation act, cap a19, laws of the federation of nigeria, 2004. Arbitration and conciliation act chapter 18 laws of the. The arbitration and conciliation act chapter a18, laws of the federation of nigeria 2004 is the national arbitration law. And whereas it is expedient to make law respecting arbitration and conciliation, taking into account the aforesaid model law and rules. It provides a unified legal framework for the fair and efficient settlement of domestic and international commercial disputes in nigeria. Arbitration is part of the alternative dispute adr like conciliation and mediation. 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. Arbitration and conciliation act laws of the federation. Reference of dispute to arbitration tribunal if conciliation fails 1 within fourteen days of the receipt by him of a report under section 6 of this act, the minister shall refer the dispute for settlement to the industrial arbitration panel established under this section.
Commercial arbitration in nigeria is governed by the arbitration and conciliation act cap a18 laws of the federation of nigeria 2004. Pdf procedural aspect of arbitration in nigeria researchgate. The primary arbitration statute in nigeria is the arbitration and conciliation act7 aca. This act shall not affect any other law by virtue of which certain disputesa may not be submitted to arbitration. The arbitration and conciliation act 1988 aca cap a18 laws of the federation of nigeria 2004 is the federal or national law governing arbitration in nigeria. It is now considered dated but efforts to replace it are currently stultified in the legislative process.
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