Mediation and conciliation the law reform commission is an independent statutory body established by the law reform commission act 1975. The nigerian arbitration and conciliation decree, 1988 aria. Alternative dispute resolution and collective conciliation. The primary arbitration legislation in nigeria is the arbitration and conciliation act, 1988 aca. The applicant must file his application for stay before taking step in the proceedings. Amendments to the arbitration and conciliation act, 1996 table of contents ch. Such grounds include misconduct on the part of the arbitrator and improper procurement of the award. Arbitration and conciliation act nigerian law intellectual.
Some states have also enacted their own arbitration laws. This act shall not affect any other law by virtue of which certain disputesa may not be submitted to arbitration. Selling aside of award in ease of misconduct by arbitrator, etc. The first formal statute on arbitration was promulgated for the entire country on 31st december, 1914, that is, the arbitration ordinance 1914 based on the english arbitration act 1889. Dichotomy or complementarity a critical analysis of the challenges to and prospects of the right to development as a human right nigeria and cameroon. Apr 11, 2019 sections 29 and 30 of the arbitration and conciliation act the aca set out the very limited grounds on which a court can set aside an arbitral award at the instance of an aggrieved award debtor.
The first statute on arbitration in nigeria was the 1914 arbitration ordinance. 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. The act is based on the uncitral model law and incorporates the uncitral arbitration rules. Arbitration and conciliation act cap a18 laws of the federation of nigeria 2004 call for amendment the arbitration agreement. Arbitration and conciliation act uganda legal information.
Mediation in nigeria has developed into a more structured process and within a legislative framework. The aim of this paper is to present detailed contextual understanding of employment relations, alternative dispute resolution adr and collective conciliation in nigeria. This version of this act contains provisions that are prospective. 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. Arbitrability of tax disputes in nigeria arbitration. Law to provide for the resolution of disputes by arbitration in lagos state and forconnecfed purposes. Nigerias main arbitration legislation, the arbitration and conciliation act 4 aca does not provide clear guidance on the type of disputes that cannot be referred to arbitration. There is an arbitration and conciliation act which was enacted in 1988. Saraf committee 5 report of the department related standing committee on. Alternative dispute resolution adr is a dispute resolution technique that is used to resolve disagreements and disputes between parties by coming to an agreeable settlement through discussion and negotiation. Title pages i background to the report 1 history of arbitration law in india 1 scheme of the arbitration and conciliation act, 1996 3 176th report of the law commission 4 justice b. It is now considered dated but efforts to replace it are currently stultified in the legislative process.
Jun 11, 2019 the arbitration and conciliation act chapter a18, laws of the federation of nigeria 2004 is the national arbitration law. The arbitration and conciliation act chapter a18, laws of the federation of nigeria 2004 is the national arbitration law. Several states in nigeria retain the ordinancebased law. 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. Some states in nigeria also have their own arbitration laws. Correction and interpretation of award and additional award. Law and practice of conciliation in nigeria journal of. Customary arbitration, modern arbitration, customs, traditions, nigeria. Be it enacted by parliament in the fortyseventh year of the republic of india as follows. A court shall not intervene in any matter governed by this act, except, where so provided in this act. And whereas it is expedient to make law respecting arbitration and conciliation, taking into account the aforesaid model law and rules. The law that governs arbitration in nigeria is the arbitration and conciliation act 1988, which is applicable over the federation except for lagos state that has its own law, the lagos state arbitration law, 2009 lsal. Pdf procedural aspect of arbitration in nigeria researchgate. This act which has been amended by the banks and other financial institutions amendment act 2002 seeks to regulate the operations of bank and other financial institutions in nigeria.
The nigerian government, for example, has enacted the arbitration and conciliation decree 1988 decree. In nigeria, conciliation is recognized by the arbitration and conciliation act. Under the arbitration act in nigeria, a contested challenge to an arbitrators appointment must be decided in the first instance by. Recourse against award application for setting aside an arbitral award. The ordinance came into force on the 31st day of december 1914. 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. Arbitration act 1996 is up to date with all changes known to be in force on or before 15 april 2019. Functions, powers and duties of the central bank of nigeria 2. The arbitration and conciliation act 1988 aca cap a18 laws of the federation of nigeria 2004 is the federal or national law governing. Laws of the federation of nigeria 1990 14 th march, 1998. The arbitration and conciliation act, cap a19, laws of the federation of nigeria. The primary sources of the nigerian law of arbitration are the english common law, the nigerian customary law and nigerian statues. Arbitration practice and other alternative dispute.
The english common law and the doctrines of equity including the english statutes of general application were received. It must be noted that not every dispute can be resolved through arbitration. In addition, nigeria has been a signatory to the convention on the recognition and enforcement of foreign arbitral awards new york convention since 1970. Based on the 1985 uncitral model law on international commercial arbitration model law, with some amendments, the aca is an imperfect and dated piece of legislation. The primary arbitration statute in nigeria is the arbitration and conciliation act7 aca. 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 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. Nigeria international council for commercial arbitration. The act merely provides that the parties to any agreement may seek amicable settlement of any dispute in relation to the agreement by conciliation. The new york convention is an international treaty which allows nigeria recognize. 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. Ultimately, therefore, the commission envisages in this report and the draft mediation and conciliation bill an integrated approach to dispute resolution in which adr plays an appropriate part, and in which it complements the role of the courts in resolving disputes.
The lagos state house of assembly enacts as follows. Arbitration as a tool for dispute resolution involved a. Nov 30, 2012 an act to provide a unified legal frame work for the fair and efficient settlement of commercial disputes by arbitration and conciliation. Difference between arbitration and conciliation compare the.
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