An act to provide a unified legal frame work for the fair and efficient settlement of commercial disputes by arbitration and conciliation. It has three departments working under it which deal with legal affairs, legislation and justice respectively. The primary sources of the nigerian law of arbitration are the english common law, the nigerian customary law and nigerian statues. Customary arbitration, modern arbitration, customs, traditions, nigeria. This version of this act contains provisions that are prospective. Pdf procedural aspect of arbitration in nigeria researchgate. The arbitration and conciliation amendment act, 2015. Commercial arbitration in nigeria is governed by the arbitration and conciliation act cap a18 laws of the federation of nigeria 2004. Arbitration and conciliation act the legal framework for arbitration in nigeria is set out in the arbitration and conciliation act cap a18, laws of. Some states have also enacted their own arbitration laws. 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. Be it enacted by parliament in the sixtysixth year of the republic of india as follows. Ministry of law and justice was established in 1833, making it the oldest limb of the government.
Client alert international arbitration third party. 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. The applicant must file his application for stay before taking step in the proceedings. The english common law and the doctrines of equity including the english statutes of general application were received. 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. 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. The act is based on the uncitral model law and incorporates the uncitral arbitration rules. The arbitration and conciliation act 1990 makes provision for sole arbitration process an d the arbitrator that presides over the hearing is selected from am ong the members of iap by the chairm an. In nigeria, conciliation is recognized by the arbitration and conciliation act. Arbitration and conciliation in nigeria law repository.
In nigeria, that framework involves, for almost every topic. Arbitration agreement irrevocable except by agreement. It provides a unified legal framework for the fair and efficient settlement of domestic and international commercial disputes in nigeria. In nigeria, studies have drawn similarities between conciliation and mediation because both processes require the intervention of neutral third parties aturu, 2005. 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. Arbitration and conciliation act cap a18 laws of the federation of nigeria 2004 call for amendment the arbitration agreement. Arbitration and conciliation act chapter 18 laws of the.
Several states in nigeria retain the ordinancebased law. Nigeria icca international council for commercial arbitration. The arbitration and conciliation act, cap a19, laws of the federation of nigeria. Mediation and conciliation the law reform commission is an independent statutory body established by the law reform commission act 1975. Arbitration act 1996 is up to date with all changes known to be in force on or before 15 april 2019. Arbitration and conciliation act 3 any arbitrator may be challenged, if circumstances exist that give rise to justifiable doubts as to the arbitrators impartiality or independence. Nigeria is now looking at allowing tpf, like hong kong and singapore, but it is going about matters in a different way. The hanfi school stress the close connection between arbitration and conciliation. An act to amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign. The nigerian arbitration and conciliation act, 1988 aca which provides the legal framework for arbitration in nigeria has become outdated when compared with international trends and practices. Nigeria is a signatory to the convention on the recognition and enforcement of foreign arbitral awards 1958 otherwise known as the new york convention and has, in the aca, domesticated the convention. The arbitration and conciliation act chapter a18, laws of the federation of nigeria 2004 is the national arbitration law. Commercial arbitration law and practice in nigeria through.
This paper is written on the presumption that the seat of the arbitration is in nigeria and the arbitration and conciliation act 1988, aca is the governing law. They hold that an arbitrator acts as an agent on behalf of a disputant who had appointed him. The rules mostly used are the arbitration rules contained in the arbitration and conciliation act, cap a19, laws of the federation of nigeria. Nigeria is a common law country and the principal law on commercial arbitration is the aca. Law and practice of conciliation in nigeria request pdf. The arbitration and conciliation act, 1988 is currently the applicable law on arbitration and conciliation throughout the federation of nigeria. It emphasises that the applicable law is the local law that operates in nigeria. 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. Lagos state, in particular, showed an appreciation of the role of arbitration in improving the ease of business by passing the lagos arbitration law, propped by. The main arbitration law is the arbitration and conciliation act.
Federal arbitration act and the lagos arbitration law. Arbitration is simply defined in the act as commercial arbitration, whether or not administered by a permanent arbitral institution. Indirect reform in nigeria nigeria will amend its current legislation, the nigerian arbitration and conciliation act, via an amendment bill. Nigeria international council for commercial arbitration. An act to amend the arbitration and conciliation act, 1996. Arbitration and conciliation act, the parties were, in particular in domestic.
Law and practice of conciliation in nigeria journal of. The arbitration and conciliation act aca requires that a person appointed as arbitrator must be independent and impartial. An act to provide a unified legal frame work for the fair. 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 arbitration and conciliation act does not expressly empower an arbitral tribunal to consolidate separate. Applicability of nigerias arbitration and conciliation act. Surprisingly, though the enactment of the arbitration and conciliation act 1988 was late in coming, it is also eminent to note that a number of nigerian companies and prominent legal practitioners have cut their teeth in both domestic and international commercial arbitration outside nigeria. Research the key issues surrounding international arbitration law in nigeria nigeria. 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. The overlay of these different sources of law is one of the more involved topics. Property law, a professional arbitrator, and fellow chartered institute of arbitration of nigeria fciarb. Alternative dispute resolution and collective conciliation.
The federal act, the first modern arbitration law in nigeria is a modification of the 1985 united nations commission on. The basic legal requirement of an arbitration agreement under this law is that an arbitration agreement must be in writing or must be contained in a written document signed by the. Nigeria regulates arbitration at the federal and state levels through the arbitration and conciliation act. The act was passed during a military regime and is stated to apply throughout the federation 2. Moreover, it supersedes any other law on arbitration in nigeria. Arbitration in nigeria is regulated by two pieces of legislation. The reason there is a federal law regulating arbitration is historical. Nigeria will amend its current legislation, the nigerian arbitration and conciliation act, via an amendment bill the bill. Shell nigeria ultra deep limited v federal republic of nigeria icsid case arb0718 discontinued on august 1 2011. It is a modern and comprehensive document that will undoubtedly facilitate the development of arbitration in nigeria. 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. The nigerian arbitration and conciliation decree, 1988.