The arbitration and conciliation act cap a18 laws of the federation of nigeria 2004 aca 2004. Arbitration agreement irrevocable except by agreement or leave of court. Apr 20, 2017 court interference with international commercial arbitration under the nigerian arbitration act by chizaram uzodinma, law student at nigerian law school, lagos campus there has been a battle of supremacy between national courts and the autonomy of parties in arbitral proceedings to decide the jurisdiction and finality of the arbitral process. Arbitration proceeding is a party driven process where parties determine their arbitrator, his powers, the seat of arbitration, the governing law ie lex abritri and the procedure to be. The primary sources of the nigerian law of arbitration are the english common law, the nigerian customary law and nigerian statues.
In addition, the act did not make any provision for speedy conciliation and arbitration of disputes in essential services. The arbitration and conciliation act is modelled on the united nations commission on international trade law uncitral model law, and applies throughout the nigerian federation. He is a delegate member of the international bar association. Act, enforceability of awards in nigeria, practical challenges on the.
Arbitration and conciliation act chapter 18 laws of the. Mediation in nigeria has developed into a more structured process and within a legislative framework. Reference of dispute to arbitration tribunal if conciliation fails. The law of nigeria consists of courts, offences, and various types of laws. The principal legislation regulating the practice of adr in nigeria is the arbitration and conciliation act, cap a18, laws of the federation of nigeria 2004 aca, which was enacted in 1988 and is modelled on the uncitral model law on international commercial arbitration 1985, with minor modi. 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. Arbitration and conciliation act amendment bill, 2006 arbitration claims and appeal procedure rules, 2006 convention on the recognition and enforcement of foreign arbitral awards, 2001 foreign judgment reciprocal enforcement act, cap f35 laws of the federation of nigeria, 2004 international arbitration miscellaneous provisions act, 20.
The arbitration and concentration act cap a19, laws of the federation of nigeria, 2004. The principal legislation that governs arbitration is the arbitration and conciliation act 1988 laws of the federation of nigeria 2004 cap a18 aca, which is the federal statute. The first indigenous statute on arbitration and conciliation was enacted in 1988, by a military decree. Nigeria has its own constitution which was established on 29 may 1999. The arbitration act is listed on uncitrals official list as based on the model law. This act shall not affect any other law by virtue of which certain disputesa may not be submitted to arbitration. A18, laws of the federation of nigeria 2004 aca or the convention on recognition and enforcement of foreign arbitral awards 1958 the new york convention as incorporated by section 54 of the aca. The convention has now been made expressly applicable to nigeria by section 54 of the arbitration and conciliation act, lfn 2004. Notwithstanding the provisions of the constitution of the federal republic of nigeria 1979, an interim or interlocutory order, judgement or decision made by.
Some states in nigeria also have their own arbitration laws. Given the fact that countries like nigeria, kenya or zimbabwe have regulations on. Section 318 simply provides that the provisions for arbitration in the trade disputes act, cap t8, laws of the federation of nigeria, 6. Enforcement of foreign arbitral awards in nigeria quo vadis. Arbitration agreement and substantive claim before court. Procedural aspect of arbitration in nigeria in ayina v sapara, 49 the court in considering this point, observed that the demeanour of a witness is to be tested by the documents and probabilities. Nigerian national petroleum corporation nigerialaw home page. By enforcement under section 51 of the arbitration and conciliation act, cap. Arbitration and conciliation in nigeria law repository.
Nigerian arbitration and conciliation act 2004, which was a reenactment of 1990 act plays important role in our arbitration and conciliation practice. The court has been and still is the traditional means of dispute resolution. List of chapters of the laws of the federation of nigeria 2004 lfn 2004 the serial numbers of the chapters may not show properly on small screens like phones and some tablets. The use of arbitration in commercial transactions is a vital and important aspect of every commercial agreement. Traditionally in nigeria like most of africa disputes were traditionally resolved through arbitration and adr. Law and practice of arbitration and conciliation in nigeria. An act to provide a unified legal frame work for the fair and efficient settlement of commercial disputes by arbitration and conciliation. In nigeria, the principal legislation governing trade disputes in nigeria is the trade disputes act the act and section 48 of the act defines trade dispute as any dispute between employers and workers. Arbitration as a tool for dispute resolution involved a. In nigeria, conciliation is recognized by the arbitration and conciliation act. This act may be cited as the revised edition laws of the federation of nigeria act, 2007. Trade disputes act arrangement of sections part i procedure for settling trade disputes section 1. Arbitration and alternative dispute resolution adr are not imported mechanisms in nigeria. Mar, 2016 arbitration and the nigerian constitution.
The place of arbitration practice in resolving ethnic and. The act knun as the aca governs both domestic and international arbitration proceedings with separate provisions for each. The nigerian arbitration and conciliation act cap a18 laws of federal republic of nigeria lfn 2004, the act an adoption of the uncitral model law on international commercial arbitration was enacted in 1988 3. The primary arbitration statute in nigeria is the arbitration and conciliation act7 aca. Abstract a legal contrast it would seem where there exist two provisions of law which are complete opposite especially where the two provisions has to work together. Applicability of arbitration in dispute settlement in international sports law table of statutes local legislation arbitration and conciliation act, cap. Arbitration and conciliation act hereinafter referred as the arbitration act was passed as a federal law in 1988. The english common law and the doctrines of equity including the english statutes of general application were received. 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. Hitherto the different regions constituting nigeria had arbitration laws based on the 1914 arbitration act of england. An act to provide for the establishment of the national housing fund and for matters connected therewith.
Sep 27, 2015 commercial arbitration in nigeria is governed by the arbitration and conciliation act cap a18 laws of the federation of nigeria 2004. Arbitration, in one form or another has been with mankind from the beginning of time. Law and practice of conciliation in nigeria journal of. Arbitration and conciliation in nigeria law repository nigeria. 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 author holds a llb hons from the university of ibadan. Nigeria is a contracting state to the new york convention on the recognition and enforcement of foreign arbitral awards, having acceded to it on 17 march 1970. 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. The aca is a federal legislation with dual objectives 3 establishing a fair and efficient system for the settlement of commercial disputes by arbitration and conciliation in nigeria. Alternative dispute resolution and collective conciliation. Nigeria has suffered a lot of ethnicreligious crisis since 1960 till date. Law and practice of conciliation in nigeria request pdf. 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.
Since 1988 the legislation typically invoked in nigeria as the framework legislation concerning commercial arbitration has been the federal arbitration and conciliation act 1988 although many states continue to have legacy arbitration legislation from nigerias colonial era on their statute books. Using the uncitral model law on international commercial conciliation as a normative framework, the article critically analyses the proposed reforms to the existing legal framework for conciliation in nigeria which are contained in the nigerian federal arbitration and conciliation. Nigeria international council for commercial arbitration. Laws of the federation of nigeria 1 extent of the admiralty jurisdiction of the federal high court.
Although where the arbitration is international, the arbitration and conciliation act cap a18, laws of the federation of nigeria, 2004 the. An act to establish the federal high court as a high court with certain special powers and to provide for all other matters connected therewith. There are four distinct legal systems in nigeria, which include english law, common law, customary law, and sharia law. 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. The principal legislation that governs arbitration is the arbitration and conciliation act 1988 laws of the federation of nigeria 2004 cap a18.
One constituent state, lagos, has enacted more modern arbitration legislation, but there is ongoing controversy as to whether state. Arbitration and conciliation act, cap 18, lfn 20047 is the main nigerian statute dealing with arbitration. Arbitration and conciliation act cap a18 laws of the federation of nigeria 2004 call for amendment the arbitration agreement. Demystifying the nigerian arbitration and conciliation bill 2017.
Court interference with international commercial arbitration. Mediation and conciliation the law reform commission is an independent statutory body established by the law reform commission act 1975. We are concerned here mainly with arbitration practice which has a vital role in resolving ethnicreligious crisis in nigeria. Termination of mandate due to failure or impossibility to act. The court of appeal ca reiterated this in statoil nigeria limited v. Lagos regional centre for international commercial arbitration. English law in nigeria is derived from the colonial nigeria, while. Unfortunately, the 2004 act failed to address any of the issues raised by these. This is due to the advantages of arbitration over the regular court adjudicatory process. The act is based on the uncitral model law and incorporates the uncitral arbitration rules. Procedure for the enforcement of domestic arbitral awards in.
Arbitration and conciliation act cap a18 laws of the. The arbitration and conciliation act 1988 aca cap a18 laws of the federation of nigeria 2004 is the federal or national law governing. 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. The aim of this paper is to present detailed contextual understanding of employment relations, alternative dispute resolution adr and collective conciliation in nigeria. Commercial arbitration in nigeria is governed by the arbitration and conciliation act cap a18 laws of the federation of nigeria 2004. Indeed customary law arbitration and adr remains part of the nigerian legal system. Nnpc that it is very clear from the intendment of the legislature that. That would be the case with the provision of section 5 of the arbitration and conciliation act 1988 demanding the application of a procedure in the same court high courts. A18, laws of the federation of nigeria, 2004 the aca. Does national court involvement undermine the arbitration processes.
Nigeria acceded to the new york convention on march 17 1970, adopting the reciprocal and commercial reservations. 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. 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. The arbitration and conciliation act chapter a18, laws of the federation of nigeria 2004 is the national arbitration law.
Arbitration and conciliation act arrangement of sections part i arbitration arbitration agreement section 1. 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 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. A18, laws of the federation of nigeria lfn, 2004 hereinafter. The applicant must file his application for stay before taking step in the proceedings. How arbitration, adr can facilitate foreign investments in. Customary arbitration, modern arbitration, customs, traditions, nigeria. The arbitration act is listed on uncitrals official list as. Generally, the legal framework 1 for arbitration in nigeria is the arbitration and conciliation act aca, 2 and rules made pursuant thereto. It was known as the arbitration and conciliation decree 1988 aca1988 and came into effect on th march, 1988. Laws of the federation of nigeria lfn 2004, hereinafter the act.
Andy uba introduced the arbitration and conciliation act repeal and reenactment bill the bill. Procedure for the enforcement of domestic arbitral awards in nigeria kunle aina senior lecturer at the university of ibadan, nigeria abstract. The legal framework for arbitration in nigeria is set out in the arbitration and conciliation act cap a18, laws of the federation of nigeria, 2004. The arbitration and conciliation act, 1988 is currently the applicable law on arbitration and conciliation throughout the federation of nigeria. The act merely provides that the parties to any agreement may seek amicable. The constitution of nigeria is the supreme law of the country. Arbitration, in one form or another has been with mankind from the. An act to amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign. The arbitration and conciliation act, cap a18, laws of the federation of nigeria, 2004 and other states arbitration laws make provisions for the processes and procedures for arbitral proceedings in nigeria. The convention has now been made expressly applicable to nigeria by section 54 of the arbitration and conciliation act, lfn 2004, which factors in the provi. Akinmoladun, foluke omosuyi, enforcement of arbitral awards in.
Moreover, it supersedes any other law on arbitration in nigeria. Some states have also enacted their own arbitration laws. Pdf adjudication and arbitration as a technique in. Arbitration and conciliation act made in respect of a proprietary. Court involvement undermine the arbitration processes. A court shall not intervene in any matter governed by this act, except, where so provided in this act. The parties may agree on the specific locations and laws to govern and apply to them and generally awards from foreign arbitral.
International arbitration 4th edition the inhouse lawyer. It provides a unified legal framework for the fair and efficient settlement of domestic and international commercial disputes in nigeria. Arbitration is simply defined in the act as commercial arbitration, whether or not administered by a permanent arbitral institution. It is now considered dated but efforts to replace it are currently stultified in the legislative process. In lagos statehome to the city of lagos, the commercial nerve centre of nigeria and the most populated city in africathe lagos state arbitration law applies, except where the parties have agreed otherwise.
Jun 11, 2019 the arbitration and conciliation act chapter a18, laws of the federation of nigeria 2004 is the national arbitration law. How arbitration, adr can facilitate foreign investments in nigeria, by kadiri. The main arbitration law is the arbitration and conciliation act. Before 2004, a lot of juristic ink was poured out calling for the amendment of certain provisions of the act. Commercial arbitration law and practice in nigeria through.
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