What is the arbitration law in Nigeria?
Asked by: Hosea Hirthe PhD | Last update: December 21, 2023Score: 4.9/5 (40 votes)
The New Arbitration Act recognises the agreement of parties to consolidate arbitral proceedings or hold concurrent hearings. Without the parties' consent, an arbitral tribunal may not consolidate proceedings or hold concurrent hearings (Section 39).
What is the new arbitration law in Nigeria?
The 2023 Arbitration and Mediation Act (the "Act") offers a revamped and modern legal framework to entities seeking to arbitrate their commercial disputes in Nigeria. The Act introduces several provisions that will be of interest to arbitration users in the region.
What is the standard arbitration clause in Nigeria?
Generally, Arbitration Clauses are enforced with Common law principles, meaning that to be validly enforceable, they must be free from vitiating elements such as Fraud, Undue Influence, Duress, Mistake or Misrepresentation.
What is the statute of limitations for arbitration in Nigeria?
This section is in pari materia with section 8 of the Limitation Laws of Lagos State. The limitation period for an action on the award will usually be six years…. Time runs from the date of the breach of the arbitration agreement, not from the date of the arbitration agreement or the date of the award.
What is misconduct of an arbitrator in Nigeria?
(1) Where an arbitrator has misconducted himself, or where the arbitral proceedings, or award, has been improperly procured, the Court may on the application of a party set aside the award. be removed by the Court.
Law Weekly: Focus On Practice Of Arbitration In Nigeria
How can an arbitration award be enforced in Nigeria?
In conclusion, a party seeking to enforce an arbitral award in Nigeria shall apply to the High Court with a Motion on Notice supported by an affidavit exhibiting the arbitration agreement or a certified true copy of it, the original arbitral award or a certified true copy of it and a written address. Section.
What are the grounds for challenging an arbitral award in Nigeria?
An award can be set aside if (1) there is misconduct by the arbitrators, (2) in the award, the arbitrators exceeded their jurisdiction, (3) the award was improperly procured or obtained by fraud, or (4) there is an error on the face of the award (AC Act, sections 29 and 30).
What matters Cannot be referred to arbitration in Nigeria?
Arbitration Agreements in Nigeria
Thus, disputes arising out of criminal, tax, constitutional matters, and bankruptcy are not arbitrable in Nigeria, as in many other States. Section 1(1) of the ACA requires the arbitration agreement to be in writing.
What is the role of the courts in arbitration in Nigeria?
The courts are handy where there is a hitch during the arbitration, for instance, where there is need to order a stay of court proceedings or to compel attendance of a witness. The enforcement machinery of the court is available where parties fail to comply with arbitral awards.
What are the forms of arbitration in Nigeria?
What are the Types of Arbitration in Nigeria? Arbitration in Nigeria is institutional, ad hoc or customary. Arbitration is said to be institutional if the arbitration is administered under the rules of one of the arbitral institutions in Nigeria.
What is the standard of proof in arbitration?
In order for the arbitrator to decide in favor of a party, the party must provide sufficient clear and convincing evidence to support their claims. This is known as meeting the “burden of proof.” The arbitrator will determine whether the party has met their burden of proof.
What are the most used arbitration rules?
The UNCITRAL Arbitration Rules are the most popular regime for ad hoc arbitration. The five most preferred arbitral institutions are the ICC, SIAC, HKIAC, LCIA and CIETAC.
What are the advantages of arbitration in Nigeria?
Arbitration has the primary benefit of avoiding drawn-out and expensive court battles. Although individuals are permitted to have legal representation, the arbitration process in Nigeria is less expensive and makes it simple for them to represent themselves.
What are the three types of arbitration?
Parties can become involved in the arbitration process in one of three ways: judicial arbitration, contractual arbitration or by stipulation. Judicial arbitration is a statutory procedure (Code of Civil Procedure §§1141.10, et seq.)
What can constitute disqualification for an arbitrator in Nigeria?
The most common grounds to disqualify arbitrators are the lack of independence or the lack of impartiality.
What cases can not be arbitrated?
Some types of cases can not be arbitrated. Most matters that involve family law, immigration law or criminal law cannot be arbitrated, because the parties cannot enter into an agreement on those matters without restriction.
What kinds of disputes may be subject to arbitration?
- Labor. Arbitration has often been used to resolve labor disputes through interest arbitration and grievance arbitration. ...
- Business Transactions. Whenever two parties conduct business transactions, there is potential for misunderstandings and mistakes. ...
- Property Disputes.
How do I appoint an arbitrator in Nigeria?
In a case where the proceeding requires one Arbitrator, if the parties fail to agree on an Arbitrator, upon an application to court, the Judge can appoint an Arbitrator. Where a decision is made by the Court on the Arbitrator to be appointed, the decision made by the court is final and will not be subject to appeal.
Who should pay for arbitration?
The parties each pay their own costs to conduct their case. Parties will likely not encounter all of the above costs on every case, and the amount of these costs, and which party must pay them, is different depending on the case and the rules that apply.
How do you initiate arbitration in Nigeria?
Initiating the Arbitral Proceedings- Arbitral proceedings are initiated by a Notice of Arbitration. Section 17 of the ACAprovides that: "the arbitral proceedings in respect of a particular dispute are deemed to commence on the date the request to refer the dispute to arbitration is received by the other party".
How long does arbitration usually last?
The length of time that this process takes will vary depending upon the circumstances, but it usually lasts a few days or a few weeks. The arbitrator then makes a legally binding decision that the parties must abide by unless they appeal. If there is an appeal, it could prolong the arbitration process longer.
Are arbitral awards final?
The Final Award is the key decision in an arbitration that has important consequences, in the sense that it is the end outcome of a controversy, or a dispute submitted to an arbitral tribunal or a sole arbitrator, and it will affect the rights between the parties and may not normally be appealed.
How long do you have to appeal an arbitration award?
A petition to vacate or correct an arbitration award must be served and filed with the Court no later than 100 days after a signed copy of the award is served on the petitioner. (Code Civ. Proc. § 1288.)
How do you set aside an arbitral award in Nigeria?
“By section 29 (1) (a) of Arbitration and Conciliation Act, Cap. 19, Laws of the Federation of Nigeria 1990, a party who is aggrieved by an arbitral award may within three months- (a) from the date of the award by way of an application for setting aside, request the court to set aside the award.”