The arbitration and conciliation act 1996 pdf book. Where a provision of this act, except section 30, leaves the parties free to determine a. Nigerian businesses are increasingly viewing arbitration as a viable means of dispute resolution. 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. International commercial arbitration and african states. Nigeria or in any contracting state arising out of international commercial. May 15, 2017 in partnership with the international chamber of commerce, stears assesses the role of arbitration in nigeria as the 2nd annual africa regional arbitration conference commences with the theme arbitration, catalyst for economic growth. Law to provide for the resolution of disputes by arbitration in lagos state and forconnecfed purposes. Additionally, nigeria is host to the second aalcc regional arbitration centre in africa. Through engaging, easily comparable interviews, the series provides the legal professions thought leaders with a platform for sharing their views on current market conditions and developments in the law. Additional provisions relating to international commercial arbitration and conciliation. Law and practice of conciliation in nigeria journal of. The arbitration and conciliation act mandatorily applies to all domestic. A panacea for investment disputes bello, adesina temitayo phd abstract this article seeks to show arbitration as a dispute resolution mechanism in resolving or acting as a remedy for investment disputes both locally and internationally.
Buy the arbitration and conciliation act,1996 notes pdf online from icsi. Developing nigeria into an international centre for. Does national court involvement undermine the arbitration processes. He is a delegate member of the international bar association. Arbitration and conciliation in nigeria law repository nigeria. The act knun as the aca governs both domestic and international arbitration proceedings with separate provisions for each. 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. 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.
Reference of dispute to arbitration tribunal if conciliation fails. Arbitration and conciliation act nigerian law intellectual. Provided that parts i, iii and iv shall extend to the state of jammu and kashmir only in so far as they relate to international commercial arbitration or, as the case may be, international commercial conciliation. The parties are free to agree on the number of arbitrators to constitute number of the arbitral. The decree repeals the arbitration act, which was modelled on the arbitration ordinance of 1914, and incorporates certain provisions of the united nations model law on international commercial arbitration model law.
Customary arbitration, modern arbitration, customs, traditions, nigeria. Now, nigeria is trying to get the matter axed for lack of jurisdiction under fsia, saying the company cant show that an exception to the general immunity a sovereign nation enjoys under the act. Criminal code act criminal procedure act evidence act money laundering prohibition act, 2004 money laundering prohibition act, 2004 police service commission establishment act, 2001. Uncitral model law on international commercial arbitration. Arbitration, in one form or another has been with mankind from the beginning of time. How arbitration, adr can facilitate foreign investments in. Law and practice of conciliation in nigeria request pdf. Nigeria is a federation of 36 states and a federal capital territory, and its courts operate at both federal and state levels. Notwithstanding the provisions of the constitution of the federal republic of nigeria 1979, an interim or interlocutory order, judgement or decision made by. Consumer protection council act nigeria export processing zones authority decree 1992. 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. In nigeria, studies have drawn similarities between conciliation and mediation because both processes require the intervention of neutral third parties aturu, 2005. 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 1988 aca cap a18 laws of the.
The arbitration and concentration act cap a19, laws of the federation of nigeria, 2004. While regions such as london and singapore are still viewed as the major hubs for international arbitration nigeria has been attempting to increase its status over the last few years. 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 arbitration and conciliation act 1996 pdf book is free and available for everyone to download as a pdf. Nigerias insolvency law and arbitration like oil and water. The arbitration and conciliation act chapter a18, laws of the federation of nigeria 2004 is the national arbitration law. 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. The work of the committee resulted in a draft federal arbitration act and a proposed uniform states arbitration and conciliation law to be recommended to states for adoption. Trade disputes act arrangement of sections part i procedure for settling trade disputes section 1. Free practical law trialto access this resource, sign up for a free trial of. However, section 40 of the lagos arbitration law states that parties are free to agree to.
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 arbitration and conciliation act, 1988 is currently the applicable law on arbitration and conciliation throughout the federation of nigeria. The arbitration and conciliation act aca contains some mandatory. Nigerian national petroleum corporation nigerialaw home page. 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.
Termination of mandate due to failure or impossibility to act. Arbitration and conciliation act chapter 18 laws of the. 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. 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. Market intelligence provides a unique perspective on evolving legal and regulatory landscapes in major jurisdictions around the world. The role of the courts in the nigerian legal system is governmental. Nigeria will amend its current legislation, the nigerian arbitration and conciliation act, via an amendment bill the bill. Act, other than section 47 of this act, leaves the parties free to determine a certain.
But the company said nigeria reneged on the deal, and after a yearslong arbitration in england, a tribunal in london organized under the rules of the nigerian arbitration and conciliation act. The law and practice of customary arbitration in nigeria. A structured guide to arbitration laws and practice in nigeria. Africa to adopt the model arbitration law and conciliation rules elaborated by the united nations commission on international trade law uncitral.
United nations commission on international trade law uncitral model law on international commercial arbitration 1985 with amendments as adopted in 2006. The main arbitration law is the arbitration and conciliation act. The nigerian arbitration and conciliation decree, 1988 aria. It provides a unified legal framework for the fair and efficient settlement of domestic and international commercial disputes in nigeria. Although where the arbitration is international, the arbitration and conciliation act cap a18, laws of the federation of nigeria, 2004 the. An act to provide a unified legal frame work for the fair and efficient settlement of commercial disputes by arbitration and conciliation. Arbitration law is one sole arbitrator, but parties are free to stipulate.
Mazrui, othe reparation debateo, 7th pan african news, julyaugust 1993, p. 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. 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. The legal framework for commercial arbitration and conciliation in nigeria, 1994 9 f. Law project topics and materials for undergraduates. Moreover, it supersedes any other law on arbitration in nigeria. Review 214 and asieduakron, judicial recognition and adoption of customary law in nigeria, 1989 37 american journal of comparative law 571 at 572 73. A court shall not intervene in any matter governed by this act, except, where so provided in this act. Eecs school of electronic engineering and computer science. Furthermore, the legal structure required for international arbitration currently exists in nigeria. Resolving disputes in nigeria is an arduous process, particularly in traditional courts. The author holds a llb hons from the university of ibadan. Courts specifically described in the constitution 1 as superior courts of record, are both federal and state courts, and below these courts are other courts, which may again be both federal and state courts, exercising jurisdiction under either federal or state law. This act shall not affect any other law by virtue of which certain disputesa may not be submitted to arbitration.
Court interference with international commercial arbitration. 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. Download the arbitration and conciliation act,1996 notes pdf. Nigeria definitely possesses the hallmarks and ticks all the boxes for an international centre for commercial arbitration, especially at this time of our democracy. 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.
The present topic contains an unstated assumption that the role of courts in arbitration is, or should be, different from their everyday role. This act is the priory legislation governing the enforcement of arbitration agreements in nigeria. 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 draft bill and exposes some of its deficiencies. Some states in nigeria also have their own arbitration laws. An act to provide a unified legal frame work for the fair and efficient settlement of. Arbitration as a tool for dispute resolution involved a. The legal framework of arbitration in nigeria, that is to say the arbitration and conciliation act, 1988 see cap18a, laws of the federation of nigeria 2004, is dated and out of touch in many. The nigerian government, for example, has enacted the arbitration and conciliation decree 1988 decree. The court has been and still is the traditional means of dispute resolution. In this article we have provided all the reference books, authors and topics and contents about the book the arbitration and conciliation act 1996.
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