CHALLENGES CONFRONTING ARBITRATION VIS-A-VIS COMMERCIAL DISPUTES: THE NIGERIAN EXPERIENCE

Abstract

This article explores the challenges confronting arbitration in relation to
commercial disputes in Nigeria. It examines the legal and institutional
framework for arbitration in Nigeria, identifying key issues such as legislative
bottlenecks, difficulties in enforcing arbitral awards, corruption, arbitrator
bias, and a general lack of awareness and expertise. A comparative analysis
with international jurisdictions, specifically Singapore, Switzerland, and the
United Kingdom, reveals best practices that Nigeria can adopt to improve its
arbitration system. These jurisdictions have successfully developed robust
legal frameworks, strong institutional support, and professional training
programs to enhance arbitration processes. The article also explores the role
of technology in improving arbitration efficiency and suggests areas for further
research, such as the harmonization of arbitration laws in Africa, the impact of
technology on arbitration, and the economic benefits of arbitration in attracting
foreign investment. In conclusion, this article provided a comprehensive
analysis of the current state of arbitration in Nigeria and recommended inter
alia that there is an urgent need to update Nigeria's Arbitration and
Conciliation Act to better align with international standards, such as the
UNCITRAL Model Law, to ensure clarity, consistency, and efficiency in
arbitration processes.