The principal advantages of arbitration in nigeria are the opportunity to be able. This act may be cited as the arbitration amendment act, 2009 and shall come into operation on such date as the minister may, by notice in the gazette, appoint. An act to provide a unified legal frame work for the fair. 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. It supersedes the national laws on arbitration of the ohada states. International commercial arbitration and african states. General principles the provisions of this law are based on the following principles and shall be construed accordingly.
Parties presentation of respective cases, documents and any other evidence. Therefore, if any dispute arises and a party files a lawsuit in court, the other party or parties can have the suit set aside or struck out on the basis that the court lacks the jurisdiction. Arbitration and conciliation act uganda legal information. The arbitration and conciliation act aca contains some mandatory legislative. The arbitration and conciliation act chapter a18, laws of the federation of nigeria 2004 is the national arbitration law.
Some states have also enacted their own arbitration laws. The main arbitration law is the arbitration and conciliation act. If the parties failed to designate such applicable law, the applicable law will be the law applicable to the substance of the dispute or the law of the republic of croatia. A structured guide to arbitration laws and practice in nigeria. 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. Mediation and conciliation the law reform commission is an independent statutory body established by the law reform commission act 1975. Laws of the federation of nigeria 1990 14 th march, 1998 an act to provide a unified legal frame work for the fair and efficient settlement of commercial disputes by arbitration and conciliation. Section 3 of the arbitration act 1995, in this act referred to as the principal act, is amended a in subsection 2, by deleting. Nigeria is a common law country and the principal law on commercial arbitration is the aca.
Sep 29, 2014 the arbitration and conciliation act, 1988 is currently the applicable law on arbitration and conciliation throughout the federation of nigeria. The english common law and the doctrines of equity including the english statutes of general application were received. Several states in nigeria retain the ordinancebased law. In lagos, the lagos state arbitration law 2009 applies to all arbitrations that have not specified another law. Jun 11, 2019 the arbitration and conciliation act chapter a18, laws of the federation of nigeria 2004 is the national arbitration law. 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. The primary sources of the nigerian law of arbitration are the english common law, the nigerian customary law and nigerian statues. State arbitration law lsal18 are currently the two principal arbitration laws in nigeria. Thankfully, the nigerian judicial system supports this process, primarily because it reduces the backlog of legal cases. 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.
In nigeria, studies have drawn similarities between conciliation and mediation because both processes require the intervention of neutral third parties aturu, 2005. An act to amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign. The act is based on the uncitral model law and incorporates the uncitral arbitration rules. Law and practice of conciliation in nigeria request pdf. The arbitration and conciliation act chapter a18, laws of the federation of. May 15, 2017 other times, companies agree to go the arbitration after the dispute has arisen. Customary arbitration, modern arbitration, customs, traditions, 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. Arbitration and conciliation in nigeria law repository nigeria. It is important to distinguish between binding and nonbinding forms of adr. The applicant must file his application for stay before taking step in the proceedings. The lagos state house of assembly enacts as follows. Negotiation, mediation, and conciliation programs are nonbinding, and depend on the willingness of the parties to reach a voluntary agreement. An act to provide a unified legal frame work for the fair and efficient settlement of commercial disputes by arbitration and conciliation.
Uniform act on arbitration the uniform act in 1999. The arbitration and conciliation act 1988 aca cap a18 laws of the. Most arbitrations in nigeria are ad hoc and domestic, although many domestic. 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. Unfortunately, however, what constitutes misconduct is not defined in the aca, thus the courts have resorted to the definition. Under the arbitration act in nigeria, a contested challenge to an arbitrators appointment must be decided in the first instance by. Sections 4 and 5 of the arbitration and conciliation act give the court the power to stay proceedings in an action which is the subject of an arbitration agreement. Arbitration and conciliation act 2000 ch 4 chapter 4. Arbitration systems authorize a third party to decide how a dispute should be resolved. Nigeria regulates arbitration at the federal and state levels through the arbitration and conciliation act. The arbitration agreement precludes judges from resolving any dispute that has been submitted to arbitration. Jul 01, 2017 section 52 a of the arbitration and conciliation act provides that where the court is satisfied that there is no sufficient reason why the matter should not be referred to arbitration in accordance with the arbitration agreement.
Laws of the federation of nigeria 1990 14 th march, 1998. 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 arbitration and conciliation act does not expressly empower an arbitral tribunal to consolidate separate arbitral proceedings. In the last fifty years, arbitration has become the most important mechanism for resolving international commercial disputes. Arbitration as a tool for dispute resolution involved a.
Arbitration act of federal republic of nigeria republique federale du nigeria gs and proceedings may nevertheless be commenced or continued, and an award may be made by the arbitral tribunal the matter is pending before the court. Moreover, it supersedes any other law on arbitration in nigeria. Arbitration is a private dispute resolution mechanism established for the settlement of disputes by a neutral third party the arbitrator or panel of neutrals referred to as the arbitral tribunal. Law on arbitration arbitration act 4 7 the law applicable to the validity of an arbitration agreement ratione materiae is the law designated by the parties. The uniform act is based on the uncitral model law. Arbitration and conciliation act nigerian law intellectual. A guide to arbitration law and practice in nigeria. It must be noted that not every dispute can be resolved through arbitration. It is not clear whether the federal high court practice direction in question seeks to take away the courts discretion under section 5 of the arbitration and conciliation act. This enactment were also adopted and formally incorporated by the four regions comprising nigeria at the time. The federal act, the first modern arbitration law in nigeria is a modification of the 1985 united nations commission on. Pdf procedural aspect of arbitration in nigeria researchgate.
What documents must the parties disclose to the other parties andor the arbitrator. Arbitration agreement sample template word and pdf. The main arbitration law in nigeria is the arbitration and conciliation act, cap a18, laws of the federation of nigeria, 2004 aca. The place of arbitral proceedings shall be determined by the arbitral tribunal. Representation at arbitration proceedings compared to. Arbitration act of nigeria federal republic of nigeria.
It emphasises that the applicable law is the local law that operates in nigeria. Federal arbitration act and the lagos arbitration law. The act was passed during a military regime and is stated to apply throughout the federation 2. Oct 19, 2015 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. 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.
Unless otherwise agreed by the parties, if, without showing sufficient causea the claimant fails to state his claim as required under section 19 1 of this act, the arbitral tribunal shall terminate the proceedings. Law to provide for the resolution of disputes by arbitration in lagos state and forconnecfed purposes. It provides a unified legal framework for the fair and efficient settlement of domestic and international commercial disputes in nigeria. Nigerian arbitration and conciliation act 2004, which. A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory.
1072 880 1332 1146 1179 266 548 1073 1361 472 640 669 210 551 9 1444 330 738 1090 451 96 239 210 1117 802 959 239 1433 896 1516 1370 12 240 418 266 603 439 792 1333 118 960 1283 1111 520 1215