Parties presentation of respective cases, documents and any other evidence. The recognition and enforcement of international arbitral. 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. 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 act is based on the uncitral model law and incorporates the uncitral arbitration rules. Trade disputes act 2004 defines trade dispute as any. Arbitration and conciliation act, cap a19, laws of the federation of nigeria, 2004. The primary arbitration statute in nigeria is the arbitration and conciliation act7 aca. Client alert international arbitration third party. In nigeria, conciliation is recognized by the arbitration and conciliation act.
Analysis of section 34 of the arbitration and conciliation. 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. Alternative dispute resolution and collective conciliation in nigeria. Given the fact that countries like nigeria, kenya or zimbabwe have regulations on. Arbitration and conciliation act cap a18 laws of the federation of nigeria 2004 call for amendment the arbitration agreement. Nigerian arbitration and conciliation act 2004, which. Pdf procedural aspect of arbitration in nigeria researchgate. Some states in nigeria also have their own arbitration laws.
The first statute on arbitration in nigeria was the 1914 arbitration ordinance. Nigeria international council for commercial arbitration. The arbitration and conciliation act aca contains some mandatory. Before 2004, a lot of juristic ink was poured out calling for the amendment of certain provisions of the act. Registered trustees of ikoyi club 1996 fhclr 371 3 international centre for the settlement of investment disputes act i 20, laws of the federation of nigeria 2004. Nigeria is now looking at allowing tpf, like hong kong and singapore, but it is going about matters in a different way. Arbitration agreement sample template word and pdf. 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. One constituent state, lagos, has enacted more modern arbitration legislation, but there is ongoing controversy as to whether state. Arbitration and conciliation act cap a18 laws of the. The english common law and the doctrines of equity including the english statutes of general application were received. Alternative dispute resolution and collective conciliation. 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. The arbitration and conciliation act, 2004 applies to all domestic arbitration where parties have not chosen another law to govern their proceeding.
A18, laws of the federation of nigeria lfn, 2004 hereinafter. Most people are of the opinion that dispute resolution by litigation in court is time consuming and money consuming whereas arbitration may speed the resolution and lower the expenses of disputes. Since it was enacted 29 years ago, there have been several important legal developments in arbitration. 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.
The act merely provides that the parties to any agreement may seek amicable settlement of any dispute in relation to the agreement by conciliation. However, the federal arbitration and conciliation act cap a18, laws of the federation of nigeria 2004 applies throughout nigeria to both domestic and international arbitration, and its provisions prevail over any state laws to the extent of any inconsistency. The applicant must file his application for stay before taking step in the proceedings. The ordinance came into force on the 31st day of december 1914. 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. The primary sources of the nigerian law of arbitration are the english common law, the nigerian customary law and nigerian statues. Arbitration and conciliation act, cap 18, lfn 20047 is the main nigerian statute dealing with arbitration. The arbitration and conciliation act, 1988 is currently the applicable law on arbitration and conciliation throughout the federation of nigeria. 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. On interpretation of aspects of nigerias arbitration and conciliation act volume 62, issue 2 gbenga bamodu a1. Law and practice of conciliation in nigeria journal of.
Governing body of the centre for arbitration and dispute resolution. A court shall not intervene in any matter governed by this act, except, where so provided in this act. The arbitration and conciliation act free essay example. An act to provide for the establishment of the national housing fund and for matters connected therewith. Arbitration, in one form or another has been with mankind from the beginning of time. 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. Under section 522 a iii, an award may be refused recognition and enforcement if a party was otherwise not able to present his case. In nigeria, both state and federal laws regulate arbitration. Arbitration is part of the alternative dispute adr like conciliation and mediation. Conciliation rules 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 provide a unified legal frame work for the fair and efficient settlement of commercial disputes by arbitration and conciliation. The arbitration and conciliation act chapter a18, laws of the federation of nigeria 2004 is the national arbitration law. Moreover, it supersedes any other law on arbitration in nigeria. This act shall not affect any other law by virtue of which certain disputesa may not be submitted to arbitration.
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. 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. And whereas it is expedient to make law respecting arbitration and conciliation, taking into account the aforesaid model law and rules. Indirect reform in nigeria nigeria will amend its current legislation, the nigerian arbitration and conciliation act, via an amendment bill. There are planned reforms to nigerias arbitration law and a focusing of. Analysis of section 34 of the arbitration and conciliation act setting aside of arbitral award. Unfortunately, the 2004 act failed to address any of the issues raised by these. This paper discusses in detail section 34 of the arbitration and conciliation act, 1996, and tries to. Be it enacted by parliament in the fortyseventh year of the republic of india as follows. Ordinarily, the principle is that courts are not allowed to intervene in an arbitration matter. 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. The principle of arbitrability in nigeria revisited deepdyve. Nigerian arbitration and conciliation act 2004, which was a reenactment of 1990 act plays important role in our arbitration and conciliation practice.
It is now considered dated but efforts to replace it are currently stultified in the legislative process. The arbitration and conciliation act 1988 aca cap a18 laws of the federation of nigeria 2004 is the federal or national law governing arbitration in nigeria. Law and practice of arbitration and conciliation in nigeria. Pdf abstract arbitration is one term that is frequently used in both legal and non legal settings and it is often used. Article 4 of the arbitration rules contained in the act provides that the. Although losing parties frequently petition the courts to set aside arbitral wards, such applications are infrequently granted. Arbitration is simply defined in the act as commercial arbitration, whether or not administered by a permanent arbitral institution. Arbitration and conciliation act laws of the federation. Commercial arbitration in nigeria is governed by the arbitration and conciliation act cap a18 laws of the federation of nigeria 2004.
Arbitration and conciliation in nigeria law repository. The principal act for regulating arbitration and conciliation in nigeria is the arbitration and conciliation act nigerian. Arbitration and conciliation act chapter 18 laws of the. Chapter 12 contains the recommendations made by the commission in the report.
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