Constructing the Road to Arbitral Prevalence: The Arbitration Law of Lagos State 2009 in Perspective (original) (raw)
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LAGOS ARBITRATION LAW 2009: TO BE OR NOT TO BE? ISSUES OF CONSTITUTIONAL COMPETENCE.
In modern federal states seen around the world, the constitution or fundamental laws of such states create for the decentralization of governmental powers and functions between the federal government and the component state governments. This dichotomy allows for a level of autonomy of the state governments in running the affairs of the state for the amelioration of the human conditions and affairs of their territory. The legislative house of both the federal and state governments are laden with the task of making laws for the peaceful running of affairs at both levels. The consequence of such dichotomy would be the inevitable conflict between the federal government and state governments. One of such is the legislative competence of federal and state legislature to promulgate laws as prescribed by the constitution and the doctrine of " covering the field " when applicable. This paper poses the constitutional issues regarding the struggle for constitutional competence over arbitration in Nigeria regarding the Federal Arbitration Act of 2004 and the Lagos Arbitration Law, 2009.
Considering the need to enhance commercial activities in Nigeria and the indisputable right of international parties to resolve disputes through arbitration, the desire for Nigeria to sign and ratify the New York Convention cannot be over emphasized. Unquestionably, the administration of justice through our regular courts is usually beleaguered with delays for diverse reasons. An attempt to combat these delays and ensure swifter dispensation of justice has seen the emergence of arbitration in its effective use in Nigeria. The need for speed, resulting in more efficiency and economy in contract drafting, has always dominated international commercial transactions. Thus, the need for resorting to arbitration is more compelling considering the lethargic attitude of Nigerian courts to the resolution of sophisticated commercial disputes. This paper seeks to examine the mechanisms through which there has been an implantation and implementation of international commercial arbitration legal regime in Nigeria. The work attempts a critical analysis of relevant extant laws in use in Nigeria and the effectiveness as well as efficiency of these laws. A detailed explication of the different international legal regime of commercial arbitration has been highlighted with the ultimate aim of adverting Nigerian as bedrock of sustainable resolution of commercial disputes through the instrumentality of arbitration in sub-Saharan Africa. The work thus queries the receptive nature of our national courts towards the enforcement of foreign arbitral award.
COMMERCIAL DISPUTE RESOLUTION: HAS ARBITRATION TRANSFORMED NIGERIA’S LEGAL LANDSCAPE?
Journal of Advanced Research in Law and Economics,, 2018
The adoption of arbitration in the light of its well established attributes promotes confidence levels in the general businesses environment, enhances institutional trust, whilst also developing practical compromise resolution mechanisms. However, Nigeria, a developing economy has not matched policy intent with commercial realities, particularly in terms of broad based integration and utilization of arbitral tools. This trend is not sustainable in the light of the renewed efforts to promote enhanced justice delivery; lower administrative costs and the urgent need to optimize the capabilities of the judicial arm of government. The paper assessed specific arbitral provisions of selected, State High Court Civil Procedures Rules, and on this basis critiqued the arbitral visibility and incorporation relative to established legal processes. Amongst other salient issues, a robust application of arbitration is recommended especially in view of the peculiarities of Nigeria’s legal processes, judicial institutions, evolving political and social-economic indicators.
Nile University of Nigeria Law Journal Vol 6 No. 1, 2024
Arbitration, although intended to be autonomous and detached from the formal court system, paradoxically depends on the national legal system for its existence, legitimacy and most essentially, its effectiveness. International arbitration in particular, depends on the support of more than one legal system to achieve that effect. The supervisory and support role of the court of the host state or the seat of arbitration has been institutionalised across the globe through national and treaty regimes. The crux of the inquiry to this end, was the extent of judicial involvement in international arbitration in Nigeria. It was observed that, inherent in the nature of arbitration, is a need to utilise the coercive power of the judiciary to enforce the commitment of parties throughout the entire process ranging from questions bordering on the jurisdiction of the arbitrators, enforcement of the arbitration agreement, interim protective measures, recognition and enforcement of arbitral awards rendered. In peculiar circumstances, judicial review of the arbitral awards may be contemplated, for example, in cases where fraud, corruption and public policy consideration are in issue. It was therefore concluded that the extant laws in Nigeria makes provision for minimal judicial intervention, rather than interference in the arbitral process.
NNAMDI AZIKIWE UNIVERSITY JOURNAL OF COMMERCIAL AND PROPERTY LAW, 2020
Conflict of interests among parties in commercial activities as in other facets of human endeavours can occur in various circumstances and comes out with different consequences on the parties when the issues are adjudicated upon and judgment given by courts. The most observed issue in commercial disputes is the reluctance of parties, especially foreign business men to submit their disputes and themselves to foreign courts for determination.In Nigeria, civil courts have remained the traditional and popular venue for the resolution of the large volumes of commercial disputes that occur in her various cities including Lagos. The article focuses on canvassing for adoption of arbitration in settlement of commercial disputes that occur in Lagos State in lieu of litigation. It is a desk top research that examines the main existing legal processes of resolving commercial disputes in Lagos State. The article recommends the actors and stakeholders in the commercial sector to understand properly the details of arbitration of commercial disputes especially its contributory effectiveness in the dispute resolution frame works, that arbitration can be used to settle disputes in commercial transactions. This will encourage better planning and administration of the justice system of Lagos State by strengthening the effectiveness of arbitration for the survival of businesses in the state.
Journal of African Law, 2021
Parties find it difficult to determine which Nigerian High Court should intervene in the appointment of arbitrators due to conflicting judicial precedents. This perennial challenge has defied any legal solution. Considering relevant case law, this article examines the Arbitration and Conciliation Act (ACA) vis-à-vis the Nigerian Constitution. The main argument is that the Nigerian Constitution read alongside the ACA confers the Federal High Court with additional jurisdiction to appoint arbitrators regardless of which court has jurisdiction concerning the underlying dispute. There are also uncertainties regarding the intervention jurisdiction of Nigeria's National Industrial Court to appoint arbitrators. Currently, no other court can exercise intervention jurisdiction in employment disputes. This article analyses recent decisions of the National Industrial Court and argues that this Court can only intervene to appoint arbitrators where both parties request the appointment in a pe...