In nigeria, we have the arbitration and conciliation rules which are schedules to the arbitration and conciliation act, cap a18, lfn, 2004. Arbitration is simply defined in the act as commercial arbitration, whether or not administered by a permanent arbitral institution. The recognition and enforcement of international arbitral. The arbitration and conciliation act, 2004 applies to all domestic arbitration where parties have not chosen another law to govern their proceeding. Nigerian arbitration and conciliation act 2004, which.
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. Conciliation has been described among scholars in nigeria as an alternative way of settling disputes onyearu, 2015. Pdf procedural aspect of arbitration in nigeria researchgate. 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. Also, depending on the arbitration rules the parties agree to. Arbitration and conciliation act cap a18 laws of the federation of nigeria 2004 call for amendment the arbitration agreement. The first indigenous statute on arbitration and conciliation was enacted in 1988, by a military decree. 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. This work discusses the legal framework for arbitration in nigeria. 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.
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. The principle of arbitrability in nigeria revisited deepdyve. A18, laws of the federation of nigeria lfn, 2004 hereinafter. Furthermore, the legal structure required for international arbitration currently exists in nigeria. Duties and powers of arbitrators nigerian law guru. The principal act for regulating arbitration and conciliation in nigeria is the arbitration and conciliation act nigerian. The provision is in pari materia with section 57 arbitration and conciliation act, cap. Arbitration and conciliation act chapter 18 laws of the. Unfortunately, the 2004 act failed to address any of the issues raised by these. While the arbitration and conciliation act deals with arbitration in general, the nipca deals extensively with the promotion of investments.
The need for the use of arbitration in international and sometimes national businesses is. Commerce icc arbitration rules and the rules of the american arbitration association, london court of international arbitration and stockholm chamber of commerce. 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. Nigerian arbitration and conciliation act 2004, which was a reenactment of 1990 act plays important role in our arbitration and conciliation practice. Arbitration and conciliation act cap a18 laws of the. Arbitration and conciliation act 2000 ch 4 chapter 4. Arbitration and conciliation in nigeria law repository nigeria. Nigeria is now looking at allowing tpf, like hong kong and singapore, but it is going about matters in a different way. Abstract the appropriate remedy for a breach of an arbitration agreement is not.
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. 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. Investment arbitration in nigeria can be said to be derived from the nigerian investment promotion commission act, nipca cap n 117 laws of the federation of nigeria, 2004 which was first enacted in 1995. Procedural aspect of arbitration in nigeria such awards. According to these studies, the process of conciliation involves. Pdf abstract arbitration is one term that is frequently used in both legal and non legal settings and it is often used. Presently, the extant law on arbitration in nigeria is the arbitration and conciliation act 2004 nigeria, 2004. Representation at arbitration proceedings compared to. 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. Conciliation act, cap a18 laws of the federation of. The arbitration and conciliation act aca contains some mandatory.
It also includes the procedure for arbitral proceedings as well as the principles and rules governing arbitration and conciliation in nigeria. It is now considered dated but efforts to replace it are currently stultified in the legislative process. The arbitration and conciliation act cap a18 laws of the federation of nigeria 2004 aca 2004. The law and practice of customary arbitration in nigeria. It seeks to show the significance of the national courts role in the arbitration process in consideration of the present day exercise on the reform of the arbitration and conciliation act, the principal legislation governing arbitration in nigeria. Oct 19, 2015 although losing parties frequently petition the courts to set aside arbitral wards, such applications are infrequently granted. Client alert international arbitration third party.
The english common law and the doctrines of equity including the english statutes of general application were received. Law and practice of conciliation in nigeria request pdf. One constituent state, lagos, has enacted more modern arbitration legislation, but there is ongoing controversy as to whether state. The arbitration and conciliation act, 1996 26 of 1996 as amended by the arbitration and conciliation amendment act, 2015 3 of 2016 the international centre for alternative dispute resolution plot no. Indirect reform in nigeria nigeria will amend its current legislation, the nigerian arbitration and conciliation act, via an amendment bill.
The test is whether the dispute can be settled lawfully by way of accord and satisfaction united world ltd inc v mts 1998 10 nwlr pt 568106. Developing nigeria into an international centre for. There is, however, a shadow of doubt regarding the validity of the lagos law given the existence of the aca which is a federal law that is said to have covered the entire field of arbitration in. Arbitration is part of the alternative dispute adr like conciliation and mediation. 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. In any arbitral proceedings, the arbitral tribunal shall ensure that the parties are accorded equal treatment and that each party is given full opportunity of presenting his case. The primary arbitration statute in nigeria is the arbitration and conciliation act7 aca. Federal arbitration act and the lagos arbitration law. The primary sources of the nigerian law of arbitration are the english common law, the nigerian customary law and nigerian statues. Requirement to file a mediation and conciliation certificate 76 4 conclusion 77. 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. Nigerian national petroleum corporation nigerialaw home page. Such grounds include misconduct on the part of the arbitrator and improper procurement of the award. Moreover, it supersedes any other law on arbitration in nigeria.
Article 4 of the arbitration rules contained in the act provides that the. Later that year, the ordinance was replaced by an act and became arbitration ordinance act, 1914. Given the fact that countries like nigeria, kenya or zimbabwe have regulations on. Prior to this development the arbitration law on the statute books of lagos state was the federal.
Be it enacted by parliament in the fortyseventh year of the republic of india as follows. Aug 27, 2016 the federal law governing arbitration in nigeria is the arbitration and conciliation act 1988. 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. This article gives a general overview of an alternative dispute resolution adr mechanism known as conciliation and the legal framework relating to its practice in nigeria. As has rightly been remarked, uncertainty about and differences among definitions of which disputes are arbitrable may cause considerable difficulties in practice. The arbitration and conciliation act chapter a18, laws of the federation of nigeria 2004 is the national arbitration law. 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. Page 1 of 23 the federal arbitration act and the lagos state arbitration law. Representation at arbitration proceedings compared to litigation. Mediation and conciliation the law reform commission is an independent statutory body established by the law reform commission act 1975.
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. The applicant must file his application for stay before taking step in the proceedings. In lagos state, the lagos state arbitration law, 2009 applies to all arbitrations where the parties have not specified another law. This act shall not affect any other law by virtue of which certain disputesa may not be submitted to arbitration. Arbitration and conciliation act, cap 18, lfn 20047 is the main nigerian statute dealing with arbitration. Under section 522 a iii, an award may be refused recognition and enforcement if a party was otherwise not able to present his case. It must be noted that not every dispute can be resolved through arbitration. The arbitration and conciliation act aca does not specifically list disputes that are not arbitrable. And whereas it is expedient to make law respecting arbitration and conciliation, taking into account the aforesaid model law and rules. Uncitral model law on international arbitration 1985, united nations document a4017, annex 1. Nigeria definitely possesses the hallmarks and ticks all the boxes for an international centre for commercial arbitration, especially at this time of our democracy. Lagos regional centre for international commercial arbitration the centre was established in lagos nigeria in 1989 under the auspices of the asian african legal consultative organisation aalco by exchange of letters of agreement concluded in 1980 between the aalco and the centres host the federal government of nigeria the host. A court shall not intervene in any matter governed by this act, except, where so provided in this act.
Arbitration, in one form or another has been with mankind from the beginning of time. The arbitration and conciliation act 1996, seeks to amend and consolidate the law relating to domestic arbitration, international commercial arbitration and the enforcement of foreign arbitral awards. Under the arbitration and conciliation act, an award that has been set aside by the court in. The arbitration and conciliation act, 1988 is currently the applicable law on arbitration and conciliation throughout the federation of nigeria.
Customary arbitration, modern arbitration, customs, traditions, nigeria. The act is based on the uncitral model law and incorporates the uncitral arbitration rules. Chapter a18 laws of the federation of nigeria 2004. Arbitration act of nigeria federal republic of nigeria. Law and practice of conciliation in nigeria journal of.
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. A comparison by adedoyin rhodesvivour mrs introduction on the 18 th day of may 2009, the lagos state arbitration law no. Arbitration as a tool for dispute resolution involved a. The first indian arbitration act of 1899 was based on the english arbitration act of 1889. This research is an analysis of the enforcement of domestic and foreign arbitral awards by nigerian courts and the courts underlying policy considerations in light of the countrys aim to join the comity of nations in ensuring expeditious enforcement of arbitral awards. 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.
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. The main arbitration law is the arbitration and conciliation act. 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. Analysis of section 34 of the arbitration and conciliation.
Before 2004, a lot of juristic ink was poured out calling for the amendment of certain provisions of the act. 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. Nigeria or in any contracting state arising out of international commercial arbitration. 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.
An act to amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign. Section 3 of the arbitration act 1995, in this act referred to as the principal act, is amended. Sep 27, 2015 commercial arbitration in nigeria is governed by the arbitration and conciliation act cap a18 laws of the federation of nigeria 2004. Apr 11, 2019 sections 29 and 30 of the arbitration and conciliation act the aca set out the very limited grounds on which a court can set aside an arbitral award at the instance of an aggrieved award debtor. An act to provide a unified legal frame work for the fair and efficient settlement of commercial disputes by arbitration and conciliation. It provides a unified legal framework for the fair and efficient settlement of domestic and international commercial disputes in nigeria. 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.
Arbitration and conciliation in nigeria law repository. Arbitration and conciliation act chapter 18 laws of the federation of nigeria 2004 arrangement of sections part i arbitration arbitration agreement 1 form of arbitration agreement. The consensus of legal opinion is that matters that impact on the legal status of an individual are not arbitrable. The law reform commission is a statutory body established by the law reform commission act 1975 alternative dispute resolution. What documents must the parties disclose to the other parties andor the arbitrator. Then came the indian arbitration act, 1940, and finally the arbitration and conciliation act, 1996 the act was enacted by parliament based on the uncitral model law on international commercial arbitration, 1985.
Arbitration and conciliation act nigerian law intellectual. Lagos regional centre for international commercial arbitration. There are planned reforms to nigerias arbitration law and a focusing of. In 2006, the lagos state enacted its own arbitration law known as the lagos state arbitration law.
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