Arbitration and ADR in Nigeria: A Comparative Analysis of Legislative Developments and Case Law

<p>Commercial transactions are integral to economic activities, yet disputes within them present challenges that necessitate effective resolution mechanisms. In Nigeria, Commercial Arbitration and Alternative Dispute Resolution (ADR) have emerged as favoured tools for resolving commercial disputes, offering flexibility and autonomy. This article provides a comprehensive examination of the historical development, legal framework, and practical applications of Commercial Arbitration and ADR in Nigeria. It explores landmark cases, legislative developments, and challenges in implementation, alongside strategies for enhancement. Nigeria's legal infrastructure supports arbitration and ADR, with legislation like the Arbitration and Conciliation Act and recent reforms like the Nigerian Arbitration and Mediation Act, 2023. However, challenges such as judicial intervention, cost, delay, and lack of expertise persist. Recommendations include judicial training, cost regulation, and technology integration to improve efficiency and accessibility. Addressing these challenges can bolster Nigeria's position as a hub for effective dispute resolution, benefiting both the legal system and the business environment.</p>

Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-03-05
DOI
https://doi.org/10.5281/zenodo.14973662
Primary Topic
Dispute Resolution and Class Actions
Type
article
Field-Weighted Citation Impact
0.00
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article

Arbitration and ADR in Nigeria: A Comparative Analysis of Legislative Developments and Case Law

Zenodo (CERN European Organization for Nuclear Research)
Dispute Resolution and Class Actions
article

Arbitration and ADR in Nigeria: A Comparative Analysis of Legislative Developments and Case Law

article en

Abstract

<p>Commercial transactions are integral to economic activities, yet disputes within them present challenges that necessitate effective resolution mechanisms. In Nigeria, Commercial Arbitration and Alternative Dispute Resolution (ADR) have emerged as favoured tools for resolving commercial disputes, offering flexibility and autonomy. This article provides a comprehensive examination of the historical development, legal framework, and practical applications of Commercial Arbitration and ADR in Nigeria. It explores landmark cases, legislative developments, and challenges in implementation, alongside strategies for enhancement. Nigeria's legal infrastructure supports arbitration and ADR, with legislation like the Arbitration and Conciliation Act and recent reforms like the Nigerian Arbitration and Mediation Act, 2023. However, challenges such as judicial intervention, cost, delay, and lack of expertise persist. Recommendations include judicial training, cost regulation, and technology integration to improve efficiency and accessibility. Addressing these challenges can bolster Nigeria's position as a hub for effective dispute resolution, benefiting both the legal system and the business environment.</p>

Zenodo (CERN European Organization for Nuclear Research)
Industry, innovation and infrastructure
Openalex Percentile: Top 40%
Dispute Resolution and Class Actions
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