Arbitration Law and Practice in Nigeria

Introduction

Arbitration in Nigeria is a widely used method of alternative dispute resolution. The legal framework is based on both domestic arbitration legislation and the UNCITRAL Model Law, which provides a comprehensive procedural framework.

Legal Framework

Nigeria has adopted a modern arbitration law that governs both domestic and international arbitration. The Arbitration Act of Korea (Law No. 1765) adopts the UNCITRAL Model Law. Nigeria is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

Arbitrability

Most commercial disputes are arbitrable. Certain matters, such as criminal offenses, family status disputes, and some consumer claims, are generally reserved for courts.

Arbitration Agreement

A valid arbitration agreement must be in writing and evidence the parties’ intention to submit disputes to arbitration. The principle of kompetenz-kompetenz allows arbitral tribunals to rule on their own jurisdiction.

Enforcement

Domestic arbitral awards are enforced through court proceedings. Foreign awards are enforced under the New York Convention, which requires courts to recognize and enforce awards subject to limited grounds for refusal.

Conclusion

Arbitration in Nigeria provides an effective mechanism for dispute resolution, supported by a modern legal framework aligned with international standards.