Judicial Hostility in the Nigerian Arbitration; the Way Forward
32 Pages Posted: 13 May 2019
Date Written: April 25, 2019
Abstract
In Nigeria, it can be said that one of the traditional methods of settling disputes is arbitration. Over the years this method has been affected by civilization and has thus become a modern day thing with the constant interference of the state. The Judiciary now has a say over litigation thereby making its status as an alternative dispute resolution mechanism sometimes disputable. This article undertakes the workings of arbitration in Nigeria, different instances of judicial interference with arbitration in Nigeria. The article discovered that one of the problems faced by arbitration in Nigeria is judicial hostility which affects the arbitral proceedings as well as the enforcement of the arbitral award. This article seeks to look at the possibility of having an autonomous arbitration system; a system free of all forms of judicial interference in arbitration in Nigeria Finally, this article concludes that for there to be enforceable arbitration in Nigeria, judicial hostility towards arbitration has to be eradicated and thus recommended that the current Law governing arbitration in Nigeria, that is the Arbitration and Conciliation Act should be amended and be made free of all provisions allowing judicial interference with arbitration.
Keywords: Judicial Interference, Arbitration, Enforcement, Arbitral Awards, Arbitration and Conciliation Act
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