professor paul obo idornigie. phd, fcis, mciarb(uk) nigerian institute of advanced legal studies...
TRANSCRIPT
CHALLENGES TO ARBITRATION PRACTICE IN
NIGERIABY
Professor Paul Obo Idornigie PhD FCIS MCIArb(UK)
Nigerian Institute of Advanced Legal Studies
Abuja Nigeria
AGENDA1 Introduction
2 ChallengesThe Laws and RulesThe Legal PractitionersThe CourtThe GovernmentThe Arbitral InstitutionsBusiness community and Society as a whole
3 Conclusion
1 INTRODUCTIONbull Increasingly arbitration is being accepted as
the forum for resolving pure commercial disputes
bull Customary arbitration is still being practiced in Nigeria though there are challenges with the conditions for validity
bull We have had three broad regimesndash Arbitration Ordinance 1914 Arbitration LawsAct in the various RegionsStates and FCT and Arbitration and Conciliation Act (ACA) of 1988
bull Only Lagos State has a modern Arbitration Law ndash Arbitration Law of 2009
bull Nigeria is a party to the 1958 New York Convention and 1965 Washington Convention
bull There are several arbitration institutions in Nigeria and several qualified arbitrators
bull The Courts play a supervisory and supportive role
Challenges
However there are challenges
In this presentation we shall focus on the challenges
2 THE CHALLENGES
I The Laws and RulesII The Legal PractitionersIIIThe CourtIVThe GovernmentV The Arbitral InstitutionsVIBusiness community andVIISociety as a whole
I The Law amp Rules Reform of ACAbull The 1914 Ordinance which later became the
Arbitration LawAct was ideal for domestic arbitration
bull The ACA 1988 was inspired by the UNCITRAL Model Law (Model Law) on International Commercial Arbitration 1985
bull The Model Law was amended in 2006
bull There is a draft ACA 2006 which apart from Lagos State has not been passed into law
bull The Challenge with the ACA therefore is that it has the following defects
Application to set aside(ss29 amp30)
Waiver of Right to Object (S33(a)) Challenges of
the ACA
Principle of Separability
Two Sections on stay of proceedings (Ss4 amp 5)
Appointment of Arbitrator- default is 3 arbitrators (Ss 6 amp7
Appointment of Appointing Authority (ss44454950amp 54(a))
No immunity for arbitrators
No provision on Joinder
Meaning of Writing
No provision on Umpire
bull The Challenge with the ACA Two Sections on Stay of Proceeding (ss 4 and 5)Appointment of Arbitration ndash default provision is three
arbitrators and if there is default in appointing and the court appoints no appeal (ss 6 and 7)
Principle of separability (s 12)Waiver of right to object (s 33(a)Appointment of Appointing Authority (ss 44 45 49 50 and
54(a))Repetition on the provisions on deciding ex aequot bono (ss
22 and 47Application to set aside (ss 29 and 30)No provision on immunity of arbitratorsNo provision on joinder and consolidationMeaning of writingNo provision on UmpireNo provision on award of interest
What is the solution
Urge the National and State Assemblies to update the draft ACA and ACL 2006 and pass them
II The Legal Practitioners ndash as Counsel and Arbitrator
bull Every Legal Practitioner assumes that he can act as a Counsel in arbitration and also act as an Arbitrator
bull The Legal Practitioners play two major roles ndash as Counsel and Arbitrator though they can also act as Registrars
bull As Counsel ensure that an enforceable arbitration
agreement is drafted avoid pathological clauses Attend training courses on arbitration Understand the laws and rules and Offer proper legal advice to your client before
during and after arbitral proceedings
bull As Arbitrator ndash Arbitration is not litigationYou trained to become a Legal
Practitioner you need to train to become an Arbitrator
Donrsquot bring the lsquoexcess baggagersquo in litigation to arbitration
Remember your duties as a member of the NBA especially the Rules of Professional Conduct
What is the solution
Proper training for Legal Practitioners
III The Courts ndash section 34 ACA
bull The courts play supervisory and supportive roles in arbitration
bull The judges should know their limitation as prescribed in section 34 of the ACA
bull Courts can intervene in the following areasS 2 of the Act ndash Arbitration agreement irrevocable
except by agreement or leave of courtSs 4 and 5 of the Act ndash Stay of ProceedingsS 7 of the Act ndash Appointment of ArbitratorsSs 9 and 10 of the Act ndash Challenge of
ArbitratorsFailure or impossibility to act
Section 13 of the Act ndash Interim measure of protection
Section 23 of the Act ndash Power of court to order attendance of witness
Section 29 of the Act ndash Application for setting aside an arbitral award and remission of award
Section 30 of the Act ndash Setting Aside in case of misconduct by arbitrator and removal of an arbitrator
Section 31 of the Act ndash Recognition and enforcement of award
Sections 32 and 52 of the Act ndash Refusal of enforcement of award
What is the solution
Where a counsel brings any other application the court should refuse it and award costs personally against the Counsel
IV The Government as Parties and Enablers
bull Every government should draw a line between a pure governmental act
and a commercial actobey the rules of the marketnegotiate and draft contracts properly
bearing in mind issues of governing law and place of arbitration
chose competent arbitrators ensure that arbitral proceedings are
efficiently and effectively conductedhonour arbitral awards
What is the solution
Government should create an enabling environment for arbitration ndash the laws rules arbitral institutions and the infrastructure (social and economic)
V The Arbitral Institutionsbull Nigeria is a member of the Asian-Africa Legal
Consultative Organization (AALCO)bull AALCO was first constituted in 1956 by Asian
countries and expanded in 1958 to include African countries
bull AALCO has worked with the United Nations and the International Law Commission on the settlement of international commercial disputes
bull Under the auspices of AALCO the Lagos Regional Centre for International Commercial Arbitration was established
bull The Centre should be properly manned and funded so as to be a hub for arbitration in the sub-region
bull There are other Regional Centres in Cairo Kuala Lumpur Tehran and Cairo
VI The Business Communitybull The Business community should know when to
arbitrate and when to go to courtbull They should engage competent legal practitioners to
advise thembull They should belong to relevant Chambers of
Commercebull They should know the arbitral institutions and
services that they renderbull They should not negotiate and draft a contract
without their Legal Practitionersbull They need proper guidance on the appointment of
arbitrators and how arbitral proceedings are conducted
VII Society as a Whole
bull Disputes are incidents of trade and commerce
bull Society benefits if disputes are properly analysed categorized and processed
3 Conclusionsbull Arbitration is not the sole forum for resolving
disputesbull As Legal Practitioners we should know how
disputes are analysed categorized and processed
bull Consequently we should know when to go to court and out of court
bull Legal Practitioners should know which arsenal to deploy appropriately
bull Legal Practitioners should bear in mind the challenges facing arbitration in Nigeria and assist in proffering solutions
Website wwwhttpspaulidornigieorg
Email profpauldornigieorg
Thank you for your attention
- Challenges to Arbitration Practice in Nigeria By
- AGENDA
- 1 INTRODUCTION
- Slide 4
- Challenges
- 2 THE CHALLENGES
- I The Law amp Rules Reform of ACA
- Slide 8
- Slide 9
- What is the solution
- II The Legal Practitioners ndash as Counsel and Arbitrator
- Slide 12
- What is the solution (2)
- III The Courts ndash section 34 ACA
- Slide 15
- What is the solution (3)
- IV The Government as Parties and Enablers
- What is the solution (4)
- V The Arbitral Institutions
- Slide 20
- VI The Business Community
- VII Society as a Whole
- 3 Conclusions
- Slide 24
- Slide 25
-
AGENDA1 Introduction
2 ChallengesThe Laws and RulesThe Legal PractitionersThe CourtThe GovernmentThe Arbitral InstitutionsBusiness community and Society as a whole
3 Conclusion
1 INTRODUCTIONbull Increasingly arbitration is being accepted as
the forum for resolving pure commercial disputes
bull Customary arbitration is still being practiced in Nigeria though there are challenges with the conditions for validity
bull We have had three broad regimesndash Arbitration Ordinance 1914 Arbitration LawsAct in the various RegionsStates and FCT and Arbitration and Conciliation Act (ACA) of 1988
bull Only Lagos State has a modern Arbitration Law ndash Arbitration Law of 2009
bull Nigeria is a party to the 1958 New York Convention and 1965 Washington Convention
bull There are several arbitration institutions in Nigeria and several qualified arbitrators
bull The Courts play a supervisory and supportive role
Challenges
However there are challenges
In this presentation we shall focus on the challenges
2 THE CHALLENGES
I The Laws and RulesII The Legal PractitionersIIIThe CourtIVThe GovernmentV The Arbitral InstitutionsVIBusiness community andVIISociety as a whole
I The Law amp Rules Reform of ACAbull The 1914 Ordinance which later became the
Arbitration LawAct was ideal for domestic arbitration
bull The ACA 1988 was inspired by the UNCITRAL Model Law (Model Law) on International Commercial Arbitration 1985
bull The Model Law was amended in 2006
bull There is a draft ACA 2006 which apart from Lagos State has not been passed into law
bull The Challenge with the ACA therefore is that it has the following defects
Application to set aside(ss29 amp30)
Waiver of Right to Object (S33(a)) Challenges of
the ACA
Principle of Separability
Two Sections on stay of proceedings (Ss4 amp 5)
Appointment of Arbitrator- default is 3 arbitrators (Ss 6 amp7
Appointment of Appointing Authority (ss44454950amp 54(a))
No immunity for arbitrators
No provision on Joinder
Meaning of Writing
No provision on Umpire
bull The Challenge with the ACA Two Sections on Stay of Proceeding (ss 4 and 5)Appointment of Arbitration ndash default provision is three
arbitrators and if there is default in appointing and the court appoints no appeal (ss 6 and 7)
Principle of separability (s 12)Waiver of right to object (s 33(a)Appointment of Appointing Authority (ss 44 45 49 50 and
54(a))Repetition on the provisions on deciding ex aequot bono (ss
22 and 47Application to set aside (ss 29 and 30)No provision on immunity of arbitratorsNo provision on joinder and consolidationMeaning of writingNo provision on UmpireNo provision on award of interest
What is the solution
Urge the National and State Assemblies to update the draft ACA and ACL 2006 and pass them
II The Legal Practitioners ndash as Counsel and Arbitrator
bull Every Legal Practitioner assumes that he can act as a Counsel in arbitration and also act as an Arbitrator
bull The Legal Practitioners play two major roles ndash as Counsel and Arbitrator though they can also act as Registrars
bull As Counsel ensure that an enforceable arbitration
agreement is drafted avoid pathological clauses Attend training courses on arbitration Understand the laws and rules and Offer proper legal advice to your client before
during and after arbitral proceedings
bull As Arbitrator ndash Arbitration is not litigationYou trained to become a Legal
Practitioner you need to train to become an Arbitrator
Donrsquot bring the lsquoexcess baggagersquo in litigation to arbitration
Remember your duties as a member of the NBA especially the Rules of Professional Conduct
What is the solution
Proper training for Legal Practitioners
III The Courts ndash section 34 ACA
bull The courts play supervisory and supportive roles in arbitration
bull The judges should know their limitation as prescribed in section 34 of the ACA
bull Courts can intervene in the following areasS 2 of the Act ndash Arbitration agreement irrevocable
except by agreement or leave of courtSs 4 and 5 of the Act ndash Stay of ProceedingsS 7 of the Act ndash Appointment of ArbitratorsSs 9 and 10 of the Act ndash Challenge of
ArbitratorsFailure or impossibility to act
Section 13 of the Act ndash Interim measure of protection
Section 23 of the Act ndash Power of court to order attendance of witness
Section 29 of the Act ndash Application for setting aside an arbitral award and remission of award
Section 30 of the Act ndash Setting Aside in case of misconduct by arbitrator and removal of an arbitrator
Section 31 of the Act ndash Recognition and enforcement of award
Sections 32 and 52 of the Act ndash Refusal of enforcement of award
What is the solution
Where a counsel brings any other application the court should refuse it and award costs personally against the Counsel
IV The Government as Parties and Enablers
bull Every government should draw a line between a pure governmental act
and a commercial actobey the rules of the marketnegotiate and draft contracts properly
bearing in mind issues of governing law and place of arbitration
chose competent arbitrators ensure that arbitral proceedings are
efficiently and effectively conductedhonour arbitral awards
What is the solution
Government should create an enabling environment for arbitration ndash the laws rules arbitral institutions and the infrastructure (social and economic)
V The Arbitral Institutionsbull Nigeria is a member of the Asian-Africa Legal
Consultative Organization (AALCO)bull AALCO was first constituted in 1956 by Asian
countries and expanded in 1958 to include African countries
bull AALCO has worked with the United Nations and the International Law Commission on the settlement of international commercial disputes
bull Under the auspices of AALCO the Lagos Regional Centre for International Commercial Arbitration was established
bull The Centre should be properly manned and funded so as to be a hub for arbitration in the sub-region
bull There are other Regional Centres in Cairo Kuala Lumpur Tehran and Cairo
VI The Business Communitybull The Business community should know when to
arbitrate and when to go to courtbull They should engage competent legal practitioners to
advise thembull They should belong to relevant Chambers of
Commercebull They should know the arbitral institutions and
services that they renderbull They should not negotiate and draft a contract
without their Legal Practitionersbull They need proper guidance on the appointment of
arbitrators and how arbitral proceedings are conducted
VII Society as a Whole
bull Disputes are incidents of trade and commerce
bull Society benefits if disputes are properly analysed categorized and processed
3 Conclusionsbull Arbitration is not the sole forum for resolving
disputesbull As Legal Practitioners we should know how
disputes are analysed categorized and processed
bull Consequently we should know when to go to court and out of court
bull Legal Practitioners should know which arsenal to deploy appropriately
bull Legal Practitioners should bear in mind the challenges facing arbitration in Nigeria and assist in proffering solutions
Website wwwhttpspaulidornigieorg
Email profpauldornigieorg
Thank you for your attention
- Challenges to Arbitration Practice in Nigeria By
- AGENDA
- 1 INTRODUCTION
- Slide 4
- Challenges
- 2 THE CHALLENGES
- I The Law amp Rules Reform of ACA
- Slide 8
- Slide 9
- What is the solution
- II The Legal Practitioners ndash as Counsel and Arbitrator
- Slide 12
- What is the solution (2)
- III The Courts ndash section 34 ACA
- Slide 15
- What is the solution (3)
- IV The Government as Parties and Enablers
- What is the solution (4)
- V The Arbitral Institutions
- Slide 20
- VI The Business Community
- VII Society as a Whole
- 3 Conclusions
- Slide 24
- Slide 25
-
1 INTRODUCTIONbull Increasingly arbitration is being accepted as
the forum for resolving pure commercial disputes
bull Customary arbitration is still being practiced in Nigeria though there are challenges with the conditions for validity
bull We have had three broad regimesndash Arbitration Ordinance 1914 Arbitration LawsAct in the various RegionsStates and FCT and Arbitration and Conciliation Act (ACA) of 1988
bull Only Lagos State has a modern Arbitration Law ndash Arbitration Law of 2009
bull Nigeria is a party to the 1958 New York Convention and 1965 Washington Convention
bull There are several arbitration institutions in Nigeria and several qualified arbitrators
bull The Courts play a supervisory and supportive role
Challenges
However there are challenges
In this presentation we shall focus on the challenges
2 THE CHALLENGES
I The Laws and RulesII The Legal PractitionersIIIThe CourtIVThe GovernmentV The Arbitral InstitutionsVIBusiness community andVIISociety as a whole
I The Law amp Rules Reform of ACAbull The 1914 Ordinance which later became the
Arbitration LawAct was ideal for domestic arbitration
bull The ACA 1988 was inspired by the UNCITRAL Model Law (Model Law) on International Commercial Arbitration 1985
bull The Model Law was amended in 2006
bull There is a draft ACA 2006 which apart from Lagos State has not been passed into law
bull The Challenge with the ACA therefore is that it has the following defects
Application to set aside(ss29 amp30)
Waiver of Right to Object (S33(a)) Challenges of
the ACA
Principle of Separability
Two Sections on stay of proceedings (Ss4 amp 5)
Appointment of Arbitrator- default is 3 arbitrators (Ss 6 amp7
Appointment of Appointing Authority (ss44454950amp 54(a))
No immunity for arbitrators
No provision on Joinder
Meaning of Writing
No provision on Umpire
bull The Challenge with the ACA Two Sections on Stay of Proceeding (ss 4 and 5)Appointment of Arbitration ndash default provision is three
arbitrators and if there is default in appointing and the court appoints no appeal (ss 6 and 7)
Principle of separability (s 12)Waiver of right to object (s 33(a)Appointment of Appointing Authority (ss 44 45 49 50 and
54(a))Repetition on the provisions on deciding ex aequot bono (ss
22 and 47Application to set aside (ss 29 and 30)No provision on immunity of arbitratorsNo provision on joinder and consolidationMeaning of writingNo provision on UmpireNo provision on award of interest
What is the solution
Urge the National and State Assemblies to update the draft ACA and ACL 2006 and pass them
II The Legal Practitioners ndash as Counsel and Arbitrator
bull Every Legal Practitioner assumes that he can act as a Counsel in arbitration and also act as an Arbitrator
bull The Legal Practitioners play two major roles ndash as Counsel and Arbitrator though they can also act as Registrars
bull As Counsel ensure that an enforceable arbitration
agreement is drafted avoid pathological clauses Attend training courses on arbitration Understand the laws and rules and Offer proper legal advice to your client before
during and after arbitral proceedings
bull As Arbitrator ndash Arbitration is not litigationYou trained to become a Legal
Practitioner you need to train to become an Arbitrator
Donrsquot bring the lsquoexcess baggagersquo in litigation to arbitration
Remember your duties as a member of the NBA especially the Rules of Professional Conduct
What is the solution
Proper training for Legal Practitioners
III The Courts ndash section 34 ACA
bull The courts play supervisory and supportive roles in arbitration
bull The judges should know their limitation as prescribed in section 34 of the ACA
bull Courts can intervene in the following areasS 2 of the Act ndash Arbitration agreement irrevocable
except by agreement or leave of courtSs 4 and 5 of the Act ndash Stay of ProceedingsS 7 of the Act ndash Appointment of ArbitratorsSs 9 and 10 of the Act ndash Challenge of
ArbitratorsFailure or impossibility to act
Section 13 of the Act ndash Interim measure of protection
Section 23 of the Act ndash Power of court to order attendance of witness
Section 29 of the Act ndash Application for setting aside an arbitral award and remission of award
Section 30 of the Act ndash Setting Aside in case of misconduct by arbitrator and removal of an arbitrator
Section 31 of the Act ndash Recognition and enforcement of award
Sections 32 and 52 of the Act ndash Refusal of enforcement of award
What is the solution
Where a counsel brings any other application the court should refuse it and award costs personally against the Counsel
IV The Government as Parties and Enablers
bull Every government should draw a line between a pure governmental act
and a commercial actobey the rules of the marketnegotiate and draft contracts properly
bearing in mind issues of governing law and place of arbitration
chose competent arbitrators ensure that arbitral proceedings are
efficiently and effectively conductedhonour arbitral awards
What is the solution
Government should create an enabling environment for arbitration ndash the laws rules arbitral institutions and the infrastructure (social and economic)
V The Arbitral Institutionsbull Nigeria is a member of the Asian-Africa Legal
Consultative Organization (AALCO)bull AALCO was first constituted in 1956 by Asian
countries and expanded in 1958 to include African countries
bull AALCO has worked with the United Nations and the International Law Commission on the settlement of international commercial disputes
bull Under the auspices of AALCO the Lagos Regional Centre for International Commercial Arbitration was established
bull The Centre should be properly manned and funded so as to be a hub for arbitration in the sub-region
bull There are other Regional Centres in Cairo Kuala Lumpur Tehran and Cairo
VI The Business Communitybull The Business community should know when to
arbitrate and when to go to courtbull They should engage competent legal practitioners to
advise thembull They should belong to relevant Chambers of
Commercebull They should know the arbitral institutions and
services that they renderbull They should not negotiate and draft a contract
without their Legal Practitionersbull They need proper guidance on the appointment of
arbitrators and how arbitral proceedings are conducted
VII Society as a Whole
bull Disputes are incidents of trade and commerce
bull Society benefits if disputes are properly analysed categorized and processed
3 Conclusionsbull Arbitration is not the sole forum for resolving
disputesbull As Legal Practitioners we should know how
disputes are analysed categorized and processed
bull Consequently we should know when to go to court and out of court
bull Legal Practitioners should know which arsenal to deploy appropriately
bull Legal Practitioners should bear in mind the challenges facing arbitration in Nigeria and assist in proffering solutions
Website wwwhttpspaulidornigieorg
Email profpauldornigieorg
Thank you for your attention
- Challenges to Arbitration Practice in Nigeria By
- AGENDA
- 1 INTRODUCTION
- Slide 4
- Challenges
- 2 THE CHALLENGES
- I The Law amp Rules Reform of ACA
- Slide 8
- Slide 9
- What is the solution
- II The Legal Practitioners ndash as Counsel and Arbitrator
- Slide 12
- What is the solution (2)
- III The Courts ndash section 34 ACA
- Slide 15
- What is the solution (3)
- IV The Government as Parties and Enablers
- What is the solution (4)
- V The Arbitral Institutions
- Slide 20
- VI The Business Community
- VII Society as a Whole
- 3 Conclusions
- Slide 24
- Slide 25
-
bull Only Lagos State has a modern Arbitration Law ndash Arbitration Law of 2009
bull Nigeria is a party to the 1958 New York Convention and 1965 Washington Convention
bull There are several arbitration institutions in Nigeria and several qualified arbitrators
bull The Courts play a supervisory and supportive role
Challenges
However there are challenges
In this presentation we shall focus on the challenges
2 THE CHALLENGES
I The Laws and RulesII The Legal PractitionersIIIThe CourtIVThe GovernmentV The Arbitral InstitutionsVIBusiness community andVIISociety as a whole
I The Law amp Rules Reform of ACAbull The 1914 Ordinance which later became the
Arbitration LawAct was ideal for domestic arbitration
bull The ACA 1988 was inspired by the UNCITRAL Model Law (Model Law) on International Commercial Arbitration 1985
bull The Model Law was amended in 2006
bull There is a draft ACA 2006 which apart from Lagos State has not been passed into law
bull The Challenge with the ACA therefore is that it has the following defects
Application to set aside(ss29 amp30)
Waiver of Right to Object (S33(a)) Challenges of
the ACA
Principle of Separability
Two Sections on stay of proceedings (Ss4 amp 5)
Appointment of Arbitrator- default is 3 arbitrators (Ss 6 amp7
Appointment of Appointing Authority (ss44454950amp 54(a))
No immunity for arbitrators
No provision on Joinder
Meaning of Writing
No provision on Umpire
bull The Challenge with the ACA Two Sections on Stay of Proceeding (ss 4 and 5)Appointment of Arbitration ndash default provision is three
arbitrators and if there is default in appointing and the court appoints no appeal (ss 6 and 7)
Principle of separability (s 12)Waiver of right to object (s 33(a)Appointment of Appointing Authority (ss 44 45 49 50 and
54(a))Repetition on the provisions on deciding ex aequot bono (ss
22 and 47Application to set aside (ss 29 and 30)No provision on immunity of arbitratorsNo provision on joinder and consolidationMeaning of writingNo provision on UmpireNo provision on award of interest
What is the solution
Urge the National and State Assemblies to update the draft ACA and ACL 2006 and pass them
II The Legal Practitioners ndash as Counsel and Arbitrator
bull Every Legal Practitioner assumes that he can act as a Counsel in arbitration and also act as an Arbitrator
bull The Legal Practitioners play two major roles ndash as Counsel and Arbitrator though they can also act as Registrars
bull As Counsel ensure that an enforceable arbitration
agreement is drafted avoid pathological clauses Attend training courses on arbitration Understand the laws and rules and Offer proper legal advice to your client before
during and after arbitral proceedings
bull As Arbitrator ndash Arbitration is not litigationYou trained to become a Legal
Practitioner you need to train to become an Arbitrator
Donrsquot bring the lsquoexcess baggagersquo in litigation to arbitration
Remember your duties as a member of the NBA especially the Rules of Professional Conduct
What is the solution
Proper training for Legal Practitioners
III The Courts ndash section 34 ACA
bull The courts play supervisory and supportive roles in arbitration
bull The judges should know their limitation as prescribed in section 34 of the ACA
bull Courts can intervene in the following areasS 2 of the Act ndash Arbitration agreement irrevocable
except by agreement or leave of courtSs 4 and 5 of the Act ndash Stay of ProceedingsS 7 of the Act ndash Appointment of ArbitratorsSs 9 and 10 of the Act ndash Challenge of
ArbitratorsFailure or impossibility to act
Section 13 of the Act ndash Interim measure of protection
Section 23 of the Act ndash Power of court to order attendance of witness
Section 29 of the Act ndash Application for setting aside an arbitral award and remission of award
Section 30 of the Act ndash Setting Aside in case of misconduct by arbitrator and removal of an arbitrator
Section 31 of the Act ndash Recognition and enforcement of award
Sections 32 and 52 of the Act ndash Refusal of enforcement of award
What is the solution
Where a counsel brings any other application the court should refuse it and award costs personally against the Counsel
IV The Government as Parties and Enablers
bull Every government should draw a line between a pure governmental act
and a commercial actobey the rules of the marketnegotiate and draft contracts properly
bearing in mind issues of governing law and place of arbitration
chose competent arbitrators ensure that arbitral proceedings are
efficiently and effectively conductedhonour arbitral awards
What is the solution
Government should create an enabling environment for arbitration ndash the laws rules arbitral institutions and the infrastructure (social and economic)
V The Arbitral Institutionsbull Nigeria is a member of the Asian-Africa Legal
Consultative Organization (AALCO)bull AALCO was first constituted in 1956 by Asian
countries and expanded in 1958 to include African countries
bull AALCO has worked with the United Nations and the International Law Commission on the settlement of international commercial disputes
bull Under the auspices of AALCO the Lagos Regional Centre for International Commercial Arbitration was established
bull The Centre should be properly manned and funded so as to be a hub for arbitration in the sub-region
bull There are other Regional Centres in Cairo Kuala Lumpur Tehran and Cairo
VI The Business Communitybull The Business community should know when to
arbitrate and when to go to courtbull They should engage competent legal practitioners to
advise thembull They should belong to relevant Chambers of
Commercebull They should know the arbitral institutions and
services that they renderbull They should not negotiate and draft a contract
without their Legal Practitionersbull They need proper guidance on the appointment of
arbitrators and how arbitral proceedings are conducted
VII Society as a Whole
bull Disputes are incidents of trade and commerce
bull Society benefits if disputes are properly analysed categorized and processed
3 Conclusionsbull Arbitration is not the sole forum for resolving
disputesbull As Legal Practitioners we should know how
disputes are analysed categorized and processed
bull Consequently we should know when to go to court and out of court
bull Legal Practitioners should know which arsenal to deploy appropriately
bull Legal Practitioners should bear in mind the challenges facing arbitration in Nigeria and assist in proffering solutions
Website wwwhttpspaulidornigieorg
Email profpauldornigieorg
Thank you for your attention
- Challenges to Arbitration Practice in Nigeria By
- AGENDA
- 1 INTRODUCTION
- Slide 4
- Challenges
- 2 THE CHALLENGES
- I The Law amp Rules Reform of ACA
- Slide 8
- Slide 9
- What is the solution
- II The Legal Practitioners ndash as Counsel and Arbitrator
- Slide 12
- What is the solution (2)
- III The Courts ndash section 34 ACA
- Slide 15
- What is the solution (3)
- IV The Government as Parties and Enablers
- What is the solution (4)
- V The Arbitral Institutions
- Slide 20
- VI The Business Community
- VII Society as a Whole
- 3 Conclusions
- Slide 24
- Slide 25
-
Challenges
However there are challenges
In this presentation we shall focus on the challenges
2 THE CHALLENGES
I The Laws and RulesII The Legal PractitionersIIIThe CourtIVThe GovernmentV The Arbitral InstitutionsVIBusiness community andVIISociety as a whole
I The Law amp Rules Reform of ACAbull The 1914 Ordinance which later became the
Arbitration LawAct was ideal for domestic arbitration
bull The ACA 1988 was inspired by the UNCITRAL Model Law (Model Law) on International Commercial Arbitration 1985
bull The Model Law was amended in 2006
bull There is a draft ACA 2006 which apart from Lagos State has not been passed into law
bull The Challenge with the ACA therefore is that it has the following defects
Application to set aside(ss29 amp30)
Waiver of Right to Object (S33(a)) Challenges of
the ACA
Principle of Separability
Two Sections on stay of proceedings (Ss4 amp 5)
Appointment of Arbitrator- default is 3 arbitrators (Ss 6 amp7
Appointment of Appointing Authority (ss44454950amp 54(a))
No immunity for arbitrators
No provision on Joinder
Meaning of Writing
No provision on Umpire
bull The Challenge with the ACA Two Sections on Stay of Proceeding (ss 4 and 5)Appointment of Arbitration ndash default provision is three
arbitrators and if there is default in appointing and the court appoints no appeal (ss 6 and 7)
Principle of separability (s 12)Waiver of right to object (s 33(a)Appointment of Appointing Authority (ss 44 45 49 50 and
54(a))Repetition on the provisions on deciding ex aequot bono (ss
22 and 47Application to set aside (ss 29 and 30)No provision on immunity of arbitratorsNo provision on joinder and consolidationMeaning of writingNo provision on UmpireNo provision on award of interest
What is the solution
Urge the National and State Assemblies to update the draft ACA and ACL 2006 and pass them
II The Legal Practitioners ndash as Counsel and Arbitrator
bull Every Legal Practitioner assumes that he can act as a Counsel in arbitration and also act as an Arbitrator
bull The Legal Practitioners play two major roles ndash as Counsel and Arbitrator though they can also act as Registrars
bull As Counsel ensure that an enforceable arbitration
agreement is drafted avoid pathological clauses Attend training courses on arbitration Understand the laws and rules and Offer proper legal advice to your client before
during and after arbitral proceedings
bull As Arbitrator ndash Arbitration is not litigationYou trained to become a Legal
Practitioner you need to train to become an Arbitrator
Donrsquot bring the lsquoexcess baggagersquo in litigation to arbitration
Remember your duties as a member of the NBA especially the Rules of Professional Conduct
What is the solution
Proper training for Legal Practitioners
III The Courts ndash section 34 ACA
bull The courts play supervisory and supportive roles in arbitration
bull The judges should know their limitation as prescribed in section 34 of the ACA
bull Courts can intervene in the following areasS 2 of the Act ndash Arbitration agreement irrevocable
except by agreement or leave of courtSs 4 and 5 of the Act ndash Stay of ProceedingsS 7 of the Act ndash Appointment of ArbitratorsSs 9 and 10 of the Act ndash Challenge of
ArbitratorsFailure or impossibility to act
Section 13 of the Act ndash Interim measure of protection
Section 23 of the Act ndash Power of court to order attendance of witness
Section 29 of the Act ndash Application for setting aside an arbitral award and remission of award
Section 30 of the Act ndash Setting Aside in case of misconduct by arbitrator and removal of an arbitrator
Section 31 of the Act ndash Recognition and enforcement of award
Sections 32 and 52 of the Act ndash Refusal of enforcement of award
What is the solution
Where a counsel brings any other application the court should refuse it and award costs personally against the Counsel
IV The Government as Parties and Enablers
bull Every government should draw a line between a pure governmental act
and a commercial actobey the rules of the marketnegotiate and draft contracts properly
bearing in mind issues of governing law and place of arbitration
chose competent arbitrators ensure that arbitral proceedings are
efficiently and effectively conductedhonour arbitral awards
What is the solution
Government should create an enabling environment for arbitration ndash the laws rules arbitral institutions and the infrastructure (social and economic)
V The Arbitral Institutionsbull Nigeria is a member of the Asian-Africa Legal
Consultative Organization (AALCO)bull AALCO was first constituted in 1956 by Asian
countries and expanded in 1958 to include African countries
bull AALCO has worked with the United Nations and the International Law Commission on the settlement of international commercial disputes
bull Under the auspices of AALCO the Lagos Regional Centre for International Commercial Arbitration was established
bull The Centre should be properly manned and funded so as to be a hub for arbitration in the sub-region
bull There are other Regional Centres in Cairo Kuala Lumpur Tehran and Cairo
VI The Business Communitybull The Business community should know when to
arbitrate and when to go to courtbull They should engage competent legal practitioners to
advise thembull They should belong to relevant Chambers of
Commercebull They should know the arbitral institutions and
services that they renderbull They should not negotiate and draft a contract
without their Legal Practitionersbull They need proper guidance on the appointment of
arbitrators and how arbitral proceedings are conducted
VII Society as a Whole
bull Disputes are incidents of trade and commerce
bull Society benefits if disputes are properly analysed categorized and processed
3 Conclusionsbull Arbitration is not the sole forum for resolving
disputesbull As Legal Practitioners we should know how
disputes are analysed categorized and processed
bull Consequently we should know when to go to court and out of court
bull Legal Practitioners should know which arsenal to deploy appropriately
bull Legal Practitioners should bear in mind the challenges facing arbitration in Nigeria and assist in proffering solutions
Website wwwhttpspaulidornigieorg
Email profpauldornigieorg
Thank you for your attention
- Challenges to Arbitration Practice in Nigeria By
- AGENDA
- 1 INTRODUCTION
- Slide 4
- Challenges
- 2 THE CHALLENGES
- I The Law amp Rules Reform of ACA
- Slide 8
- Slide 9
- What is the solution
- II The Legal Practitioners ndash as Counsel and Arbitrator
- Slide 12
- What is the solution (2)
- III The Courts ndash section 34 ACA
- Slide 15
- What is the solution (3)
- IV The Government as Parties and Enablers
- What is the solution (4)
- V The Arbitral Institutions
- Slide 20
- VI The Business Community
- VII Society as a Whole
- 3 Conclusions
- Slide 24
- Slide 25
-
2 THE CHALLENGES
I The Laws and RulesII The Legal PractitionersIIIThe CourtIVThe GovernmentV The Arbitral InstitutionsVIBusiness community andVIISociety as a whole
I The Law amp Rules Reform of ACAbull The 1914 Ordinance which later became the
Arbitration LawAct was ideal for domestic arbitration
bull The ACA 1988 was inspired by the UNCITRAL Model Law (Model Law) on International Commercial Arbitration 1985
bull The Model Law was amended in 2006
bull There is a draft ACA 2006 which apart from Lagos State has not been passed into law
bull The Challenge with the ACA therefore is that it has the following defects
Application to set aside(ss29 amp30)
Waiver of Right to Object (S33(a)) Challenges of
the ACA
Principle of Separability
Two Sections on stay of proceedings (Ss4 amp 5)
Appointment of Arbitrator- default is 3 arbitrators (Ss 6 amp7
Appointment of Appointing Authority (ss44454950amp 54(a))
No immunity for arbitrators
No provision on Joinder
Meaning of Writing
No provision on Umpire
bull The Challenge with the ACA Two Sections on Stay of Proceeding (ss 4 and 5)Appointment of Arbitration ndash default provision is three
arbitrators and if there is default in appointing and the court appoints no appeal (ss 6 and 7)
Principle of separability (s 12)Waiver of right to object (s 33(a)Appointment of Appointing Authority (ss 44 45 49 50 and
54(a))Repetition on the provisions on deciding ex aequot bono (ss
22 and 47Application to set aside (ss 29 and 30)No provision on immunity of arbitratorsNo provision on joinder and consolidationMeaning of writingNo provision on UmpireNo provision on award of interest
What is the solution
Urge the National and State Assemblies to update the draft ACA and ACL 2006 and pass them
II The Legal Practitioners ndash as Counsel and Arbitrator
bull Every Legal Practitioner assumes that he can act as a Counsel in arbitration and also act as an Arbitrator
bull The Legal Practitioners play two major roles ndash as Counsel and Arbitrator though they can also act as Registrars
bull As Counsel ensure that an enforceable arbitration
agreement is drafted avoid pathological clauses Attend training courses on arbitration Understand the laws and rules and Offer proper legal advice to your client before
during and after arbitral proceedings
bull As Arbitrator ndash Arbitration is not litigationYou trained to become a Legal
Practitioner you need to train to become an Arbitrator
Donrsquot bring the lsquoexcess baggagersquo in litigation to arbitration
Remember your duties as a member of the NBA especially the Rules of Professional Conduct
What is the solution
Proper training for Legal Practitioners
III The Courts ndash section 34 ACA
bull The courts play supervisory and supportive roles in arbitration
bull The judges should know their limitation as prescribed in section 34 of the ACA
bull Courts can intervene in the following areasS 2 of the Act ndash Arbitration agreement irrevocable
except by agreement or leave of courtSs 4 and 5 of the Act ndash Stay of ProceedingsS 7 of the Act ndash Appointment of ArbitratorsSs 9 and 10 of the Act ndash Challenge of
ArbitratorsFailure or impossibility to act
Section 13 of the Act ndash Interim measure of protection
Section 23 of the Act ndash Power of court to order attendance of witness
Section 29 of the Act ndash Application for setting aside an arbitral award and remission of award
Section 30 of the Act ndash Setting Aside in case of misconduct by arbitrator and removal of an arbitrator
Section 31 of the Act ndash Recognition and enforcement of award
Sections 32 and 52 of the Act ndash Refusal of enforcement of award
What is the solution
Where a counsel brings any other application the court should refuse it and award costs personally against the Counsel
IV The Government as Parties and Enablers
bull Every government should draw a line between a pure governmental act
and a commercial actobey the rules of the marketnegotiate and draft contracts properly
bearing in mind issues of governing law and place of arbitration
chose competent arbitrators ensure that arbitral proceedings are
efficiently and effectively conductedhonour arbitral awards
What is the solution
Government should create an enabling environment for arbitration ndash the laws rules arbitral institutions and the infrastructure (social and economic)
V The Arbitral Institutionsbull Nigeria is a member of the Asian-Africa Legal
Consultative Organization (AALCO)bull AALCO was first constituted in 1956 by Asian
countries and expanded in 1958 to include African countries
bull AALCO has worked with the United Nations and the International Law Commission on the settlement of international commercial disputes
bull Under the auspices of AALCO the Lagos Regional Centre for International Commercial Arbitration was established
bull The Centre should be properly manned and funded so as to be a hub for arbitration in the sub-region
bull There are other Regional Centres in Cairo Kuala Lumpur Tehran and Cairo
VI The Business Communitybull The Business community should know when to
arbitrate and when to go to courtbull They should engage competent legal practitioners to
advise thembull They should belong to relevant Chambers of
Commercebull They should know the arbitral institutions and
services that they renderbull They should not negotiate and draft a contract
without their Legal Practitionersbull They need proper guidance on the appointment of
arbitrators and how arbitral proceedings are conducted
VII Society as a Whole
bull Disputes are incidents of trade and commerce
bull Society benefits if disputes are properly analysed categorized and processed
3 Conclusionsbull Arbitration is not the sole forum for resolving
disputesbull As Legal Practitioners we should know how
disputes are analysed categorized and processed
bull Consequently we should know when to go to court and out of court
bull Legal Practitioners should know which arsenal to deploy appropriately
bull Legal Practitioners should bear in mind the challenges facing arbitration in Nigeria and assist in proffering solutions
Website wwwhttpspaulidornigieorg
Email profpauldornigieorg
Thank you for your attention
- Challenges to Arbitration Practice in Nigeria By
- AGENDA
- 1 INTRODUCTION
- Slide 4
- Challenges
- 2 THE CHALLENGES
- I The Law amp Rules Reform of ACA
- Slide 8
- Slide 9
- What is the solution
- II The Legal Practitioners ndash as Counsel and Arbitrator
- Slide 12
- What is the solution (2)
- III The Courts ndash section 34 ACA
- Slide 15
- What is the solution (3)
- IV The Government as Parties and Enablers
- What is the solution (4)
- V The Arbitral Institutions
- Slide 20
- VI The Business Community
- VII Society as a Whole
- 3 Conclusions
- Slide 24
- Slide 25
-
I The Law amp Rules Reform of ACAbull The 1914 Ordinance which later became the
Arbitration LawAct was ideal for domestic arbitration
bull The ACA 1988 was inspired by the UNCITRAL Model Law (Model Law) on International Commercial Arbitration 1985
bull The Model Law was amended in 2006
bull There is a draft ACA 2006 which apart from Lagos State has not been passed into law
bull The Challenge with the ACA therefore is that it has the following defects
Application to set aside(ss29 amp30)
Waiver of Right to Object (S33(a)) Challenges of
the ACA
Principle of Separability
Two Sections on stay of proceedings (Ss4 amp 5)
Appointment of Arbitrator- default is 3 arbitrators (Ss 6 amp7
Appointment of Appointing Authority (ss44454950amp 54(a))
No immunity for arbitrators
No provision on Joinder
Meaning of Writing
No provision on Umpire
bull The Challenge with the ACA Two Sections on Stay of Proceeding (ss 4 and 5)Appointment of Arbitration ndash default provision is three
arbitrators and if there is default in appointing and the court appoints no appeal (ss 6 and 7)
Principle of separability (s 12)Waiver of right to object (s 33(a)Appointment of Appointing Authority (ss 44 45 49 50 and
54(a))Repetition on the provisions on deciding ex aequot bono (ss
22 and 47Application to set aside (ss 29 and 30)No provision on immunity of arbitratorsNo provision on joinder and consolidationMeaning of writingNo provision on UmpireNo provision on award of interest
What is the solution
Urge the National and State Assemblies to update the draft ACA and ACL 2006 and pass them
II The Legal Practitioners ndash as Counsel and Arbitrator
bull Every Legal Practitioner assumes that he can act as a Counsel in arbitration and also act as an Arbitrator
bull The Legal Practitioners play two major roles ndash as Counsel and Arbitrator though they can also act as Registrars
bull As Counsel ensure that an enforceable arbitration
agreement is drafted avoid pathological clauses Attend training courses on arbitration Understand the laws and rules and Offer proper legal advice to your client before
during and after arbitral proceedings
bull As Arbitrator ndash Arbitration is not litigationYou trained to become a Legal
Practitioner you need to train to become an Arbitrator
Donrsquot bring the lsquoexcess baggagersquo in litigation to arbitration
Remember your duties as a member of the NBA especially the Rules of Professional Conduct
What is the solution
Proper training for Legal Practitioners
III The Courts ndash section 34 ACA
bull The courts play supervisory and supportive roles in arbitration
bull The judges should know their limitation as prescribed in section 34 of the ACA
bull Courts can intervene in the following areasS 2 of the Act ndash Arbitration agreement irrevocable
except by agreement or leave of courtSs 4 and 5 of the Act ndash Stay of ProceedingsS 7 of the Act ndash Appointment of ArbitratorsSs 9 and 10 of the Act ndash Challenge of
ArbitratorsFailure or impossibility to act
Section 13 of the Act ndash Interim measure of protection
Section 23 of the Act ndash Power of court to order attendance of witness
Section 29 of the Act ndash Application for setting aside an arbitral award and remission of award
Section 30 of the Act ndash Setting Aside in case of misconduct by arbitrator and removal of an arbitrator
Section 31 of the Act ndash Recognition and enforcement of award
Sections 32 and 52 of the Act ndash Refusal of enforcement of award
What is the solution
Where a counsel brings any other application the court should refuse it and award costs personally against the Counsel
IV The Government as Parties and Enablers
bull Every government should draw a line between a pure governmental act
and a commercial actobey the rules of the marketnegotiate and draft contracts properly
bearing in mind issues of governing law and place of arbitration
chose competent arbitrators ensure that arbitral proceedings are
efficiently and effectively conductedhonour arbitral awards
What is the solution
Government should create an enabling environment for arbitration ndash the laws rules arbitral institutions and the infrastructure (social and economic)
V The Arbitral Institutionsbull Nigeria is a member of the Asian-Africa Legal
Consultative Organization (AALCO)bull AALCO was first constituted in 1956 by Asian
countries and expanded in 1958 to include African countries
bull AALCO has worked with the United Nations and the International Law Commission on the settlement of international commercial disputes
bull Under the auspices of AALCO the Lagos Regional Centre for International Commercial Arbitration was established
bull The Centre should be properly manned and funded so as to be a hub for arbitration in the sub-region
bull There are other Regional Centres in Cairo Kuala Lumpur Tehran and Cairo
VI The Business Communitybull The Business community should know when to
arbitrate and when to go to courtbull They should engage competent legal practitioners to
advise thembull They should belong to relevant Chambers of
Commercebull They should know the arbitral institutions and
services that they renderbull They should not negotiate and draft a contract
without their Legal Practitionersbull They need proper guidance on the appointment of
arbitrators and how arbitral proceedings are conducted
VII Society as a Whole
bull Disputes are incidents of trade and commerce
bull Society benefits if disputes are properly analysed categorized and processed
3 Conclusionsbull Arbitration is not the sole forum for resolving
disputesbull As Legal Practitioners we should know how
disputes are analysed categorized and processed
bull Consequently we should know when to go to court and out of court
bull Legal Practitioners should know which arsenal to deploy appropriately
bull Legal Practitioners should bear in mind the challenges facing arbitration in Nigeria and assist in proffering solutions
Website wwwhttpspaulidornigieorg
Email profpauldornigieorg
Thank you for your attention
- Challenges to Arbitration Practice in Nigeria By
- AGENDA
- 1 INTRODUCTION
- Slide 4
- Challenges
- 2 THE CHALLENGES
- I The Law amp Rules Reform of ACA
- Slide 8
- Slide 9
- What is the solution
- II The Legal Practitioners ndash as Counsel and Arbitrator
- Slide 12
- What is the solution (2)
- III The Courts ndash section 34 ACA
- Slide 15
- What is the solution (3)
- IV The Government as Parties and Enablers
- What is the solution (4)
- V The Arbitral Institutions
- Slide 20
- VI The Business Community
- VII Society as a Whole
- 3 Conclusions
- Slide 24
- Slide 25
-
Application to set aside(ss29 amp30)
Waiver of Right to Object (S33(a)) Challenges of
the ACA
Principle of Separability
Two Sections on stay of proceedings (Ss4 amp 5)
Appointment of Arbitrator- default is 3 arbitrators (Ss 6 amp7
Appointment of Appointing Authority (ss44454950amp 54(a))
No immunity for arbitrators
No provision on Joinder
Meaning of Writing
No provision on Umpire
bull The Challenge with the ACA Two Sections on Stay of Proceeding (ss 4 and 5)Appointment of Arbitration ndash default provision is three
arbitrators and if there is default in appointing and the court appoints no appeal (ss 6 and 7)
Principle of separability (s 12)Waiver of right to object (s 33(a)Appointment of Appointing Authority (ss 44 45 49 50 and
54(a))Repetition on the provisions on deciding ex aequot bono (ss
22 and 47Application to set aside (ss 29 and 30)No provision on immunity of arbitratorsNo provision on joinder and consolidationMeaning of writingNo provision on UmpireNo provision on award of interest
What is the solution
Urge the National and State Assemblies to update the draft ACA and ACL 2006 and pass them
II The Legal Practitioners ndash as Counsel and Arbitrator
bull Every Legal Practitioner assumes that he can act as a Counsel in arbitration and also act as an Arbitrator
bull The Legal Practitioners play two major roles ndash as Counsel and Arbitrator though they can also act as Registrars
bull As Counsel ensure that an enforceable arbitration
agreement is drafted avoid pathological clauses Attend training courses on arbitration Understand the laws and rules and Offer proper legal advice to your client before
during and after arbitral proceedings
bull As Arbitrator ndash Arbitration is not litigationYou trained to become a Legal
Practitioner you need to train to become an Arbitrator
Donrsquot bring the lsquoexcess baggagersquo in litigation to arbitration
Remember your duties as a member of the NBA especially the Rules of Professional Conduct
What is the solution
Proper training for Legal Practitioners
III The Courts ndash section 34 ACA
bull The courts play supervisory and supportive roles in arbitration
bull The judges should know their limitation as prescribed in section 34 of the ACA
bull Courts can intervene in the following areasS 2 of the Act ndash Arbitration agreement irrevocable
except by agreement or leave of courtSs 4 and 5 of the Act ndash Stay of ProceedingsS 7 of the Act ndash Appointment of ArbitratorsSs 9 and 10 of the Act ndash Challenge of
ArbitratorsFailure or impossibility to act
Section 13 of the Act ndash Interim measure of protection
Section 23 of the Act ndash Power of court to order attendance of witness
Section 29 of the Act ndash Application for setting aside an arbitral award and remission of award
Section 30 of the Act ndash Setting Aside in case of misconduct by arbitrator and removal of an arbitrator
Section 31 of the Act ndash Recognition and enforcement of award
Sections 32 and 52 of the Act ndash Refusal of enforcement of award
What is the solution
Where a counsel brings any other application the court should refuse it and award costs personally against the Counsel
IV The Government as Parties and Enablers
bull Every government should draw a line between a pure governmental act
and a commercial actobey the rules of the marketnegotiate and draft contracts properly
bearing in mind issues of governing law and place of arbitration
chose competent arbitrators ensure that arbitral proceedings are
efficiently and effectively conductedhonour arbitral awards
What is the solution
Government should create an enabling environment for arbitration ndash the laws rules arbitral institutions and the infrastructure (social and economic)
V The Arbitral Institutionsbull Nigeria is a member of the Asian-Africa Legal
Consultative Organization (AALCO)bull AALCO was first constituted in 1956 by Asian
countries and expanded in 1958 to include African countries
bull AALCO has worked with the United Nations and the International Law Commission on the settlement of international commercial disputes
bull Under the auspices of AALCO the Lagos Regional Centre for International Commercial Arbitration was established
bull The Centre should be properly manned and funded so as to be a hub for arbitration in the sub-region
bull There are other Regional Centres in Cairo Kuala Lumpur Tehran and Cairo
VI The Business Communitybull The Business community should know when to
arbitrate and when to go to courtbull They should engage competent legal practitioners to
advise thembull They should belong to relevant Chambers of
Commercebull They should know the arbitral institutions and
services that they renderbull They should not negotiate and draft a contract
without their Legal Practitionersbull They need proper guidance on the appointment of
arbitrators and how arbitral proceedings are conducted
VII Society as a Whole
bull Disputes are incidents of trade and commerce
bull Society benefits if disputes are properly analysed categorized and processed
3 Conclusionsbull Arbitration is not the sole forum for resolving
disputesbull As Legal Practitioners we should know how
disputes are analysed categorized and processed
bull Consequently we should know when to go to court and out of court
bull Legal Practitioners should know which arsenal to deploy appropriately
bull Legal Practitioners should bear in mind the challenges facing arbitration in Nigeria and assist in proffering solutions
Website wwwhttpspaulidornigieorg
Email profpauldornigieorg
Thank you for your attention
- Challenges to Arbitration Practice in Nigeria By
- AGENDA
- 1 INTRODUCTION
- Slide 4
- Challenges
- 2 THE CHALLENGES
- I The Law amp Rules Reform of ACA
- Slide 8
- Slide 9
- What is the solution
- II The Legal Practitioners ndash as Counsel and Arbitrator
- Slide 12
- What is the solution (2)
- III The Courts ndash section 34 ACA
- Slide 15
- What is the solution (3)
- IV The Government as Parties and Enablers
- What is the solution (4)
- V The Arbitral Institutions
- Slide 20
- VI The Business Community
- VII Society as a Whole
- 3 Conclusions
- Slide 24
- Slide 25
-
bull The Challenge with the ACA Two Sections on Stay of Proceeding (ss 4 and 5)Appointment of Arbitration ndash default provision is three
arbitrators and if there is default in appointing and the court appoints no appeal (ss 6 and 7)
Principle of separability (s 12)Waiver of right to object (s 33(a)Appointment of Appointing Authority (ss 44 45 49 50 and
54(a))Repetition on the provisions on deciding ex aequot bono (ss
22 and 47Application to set aside (ss 29 and 30)No provision on immunity of arbitratorsNo provision on joinder and consolidationMeaning of writingNo provision on UmpireNo provision on award of interest
What is the solution
Urge the National and State Assemblies to update the draft ACA and ACL 2006 and pass them
II The Legal Practitioners ndash as Counsel and Arbitrator
bull Every Legal Practitioner assumes that he can act as a Counsel in arbitration and also act as an Arbitrator
bull The Legal Practitioners play two major roles ndash as Counsel and Arbitrator though they can also act as Registrars
bull As Counsel ensure that an enforceable arbitration
agreement is drafted avoid pathological clauses Attend training courses on arbitration Understand the laws and rules and Offer proper legal advice to your client before
during and after arbitral proceedings
bull As Arbitrator ndash Arbitration is not litigationYou trained to become a Legal
Practitioner you need to train to become an Arbitrator
Donrsquot bring the lsquoexcess baggagersquo in litigation to arbitration
Remember your duties as a member of the NBA especially the Rules of Professional Conduct
What is the solution
Proper training for Legal Practitioners
III The Courts ndash section 34 ACA
bull The courts play supervisory and supportive roles in arbitration
bull The judges should know their limitation as prescribed in section 34 of the ACA
bull Courts can intervene in the following areasS 2 of the Act ndash Arbitration agreement irrevocable
except by agreement or leave of courtSs 4 and 5 of the Act ndash Stay of ProceedingsS 7 of the Act ndash Appointment of ArbitratorsSs 9 and 10 of the Act ndash Challenge of
ArbitratorsFailure or impossibility to act
Section 13 of the Act ndash Interim measure of protection
Section 23 of the Act ndash Power of court to order attendance of witness
Section 29 of the Act ndash Application for setting aside an arbitral award and remission of award
Section 30 of the Act ndash Setting Aside in case of misconduct by arbitrator and removal of an arbitrator
Section 31 of the Act ndash Recognition and enforcement of award
Sections 32 and 52 of the Act ndash Refusal of enforcement of award
What is the solution
Where a counsel brings any other application the court should refuse it and award costs personally against the Counsel
IV The Government as Parties and Enablers
bull Every government should draw a line between a pure governmental act
and a commercial actobey the rules of the marketnegotiate and draft contracts properly
bearing in mind issues of governing law and place of arbitration
chose competent arbitrators ensure that arbitral proceedings are
efficiently and effectively conductedhonour arbitral awards
What is the solution
Government should create an enabling environment for arbitration ndash the laws rules arbitral institutions and the infrastructure (social and economic)
V The Arbitral Institutionsbull Nigeria is a member of the Asian-Africa Legal
Consultative Organization (AALCO)bull AALCO was first constituted in 1956 by Asian
countries and expanded in 1958 to include African countries
bull AALCO has worked with the United Nations and the International Law Commission on the settlement of international commercial disputes
bull Under the auspices of AALCO the Lagos Regional Centre for International Commercial Arbitration was established
bull The Centre should be properly manned and funded so as to be a hub for arbitration in the sub-region
bull There are other Regional Centres in Cairo Kuala Lumpur Tehran and Cairo
VI The Business Communitybull The Business community should know when to
arbitrate and when to go to courtbull They should engage competent legal practitioners to
advise thembull They should belong to relevant Chambers of
Commercebull They should know the arbitral institutions and
services that they renderbull They should not negotiate and draft a contract
without their Legal Practitionersbull They need proper guidance on the appointment of
arbitrators and how arbitral proceedings are conducted
VII Society as a Whole
bull Disputes are incidents of trade and commerce
bull Society benefits if disputes are properly analysed categorized and processed
3 Conclusionsbull Arbitration is not the sole forum for resolving
disputesbull As Legal Practitioners we should know how
disputes are analysed categorized and processed
bull Consequently we should know when to go to court and out of court
bull Legal Practitioners should know which arsenal to deploy appropriately
bull Legal Practitioners should bear in mind the challenges facing arbitration in Nigeria and assist in proffering solutions
Website wwwhttpspaulidornigieorg
Email profpauldornigieorg
Thank you for your attention
- Challenges to Arbitration Practice in Nigeria By
- AGENDA
- 1 INTRODUCTION
- Slide 4
- Challenges
- 2 THE CHALLENGES
- I The Law amp Rules Reform of ACA
- Slide 8
- Slide 9
- What is the solution
- II The Legal Practitioners ndash as Counsel and Arbitrator
- Slide 12
- What is the solution (2)
- III The Courts ndash section 34 ACA
- Slide 15
- What is the solution (3)
- IV The Government as Parties and Enablers
- What is the solution (4)
- V The Arbitral Institutions
- Slide 20
- VI The Business Community
- VII Society as a Whole
- 3 Conclusions
- Slide 24
- Slide 25
-
What is the solution
Urge the National and State Assemblies to update the draft ACA and ACL 2006 and pass them
II The Legal Practitioners ndash as Counsel and Arbitrator
bull Every Legal Practitioner assumes that he can act as a Counsel in arbitration and also act as an Arbitrator
bull The Legal Practitioners play two major roles ndash as Counsel and Arbitrator though they can also act as Registrars
bull As Counsel ensure that an enforceable arbitration
agreement is drafted avoid pathological clauses Attend training courses on arbitration Understand the laws and rules and Offer proper legal advice to your client before
during and after arbitral proceedings
bull As Arbitrator ndash Arbitration is not litigationYou trained to become a Legal
Practitioner you need to train to become an Arbitrator
Donrsquot bring the lsquoexcess baggagersquo in litigation to arbitration
Remember your duties as a member of the NBA especially the Rules of Professional Conduct
What is the solution
Proper training for Legal Practitioners
III The Courts ndash section 34 ACA
bull The courts play supervisory and supportive roles in arbitration
bull The judges should know their limitation as prescribed in section 34 of the ACA
bull Courts can intervene in the following areasS 2 of the Act ndash Arbitration agreement irrevocable
except by agreement or leave of courtSs 4 and 5 of the Act ndash Stay of ProceedingsS 7 of the Act ndash Appointment of ArbitratorsSs 9 and 10 of the Act ndash Challenge of
ArbitratorsFailure or impossibility to act
Section 13 of the Act ndash Interim measure of protection
Section 23 of the Act ndash Power of court to order attendance of witness
Section 29 of the Act ndash Application for setting aside an arbitral award and remission of award
Section 30 of the Act ndash Setting Aside in case of misconduct by arbitrator and removal of an arbitrator
Section 31 of the Act ndash Recognition and enforcement of award
Sections 32 and 52 of the Act ndash Refusal of enforcement of award
What is the solution
Where a counsel brings any other application the court should refuse it and award costs personally against the Counsel
IV The Government as Parties and Enablers
bull Every government should draw a line between a pure governmental act
and a commercial actobey the rules of the marketnegotiate and draft contracts properly
bearing in mind issues of governing law and place of arbitration
chose competent arbitrators ensure that arbitral proceedings are
efficiently and effectively conductedhonour arbitral awards
What is the solution
Government should create an enabling environment for arbitration ndash the laws rules arbitral institutions and the infrastructure (social and economic)
V The Arbitral Institutionsbull Nigeria is a member of the Asian-Africa Legal
Consultative Organization (AALCO)bull AALCO was first constituted in 1956 by Asian
countries and expanded in 1958 to include African countries
bull AALCO has worked with the United Nations and the International Law Commission on the settlement of international commercial disputes
bull Under the auspices of AALCO the Lagos Regional Centre for International Commercial Arbitration was established
bull The Centre should be properly manned and funded so as to be a hub for arbitration in the sub-region
bull There are other Regional Centres in Cairo Kuala Lumpur Tehran and Cairo
VI The Business Communitybull The Business community should know when to
arbitrate and when to go to courtbull They should engage competent legal practitioners to
advise thembull They should belong to relevant Chambers of
Commercebull They should know the arbitral institutions and
services that they renderbull They should not negotiate and draft a contract
without their Legal Practitionersbull They need proper guidance on the appointment of
arbitrators and how arbitral proceedings are conducted
VII Society as a Whole
bull Disputes are incidents of trade and commerce
bull Society benefits if disputes are properly analysed categorized and processed
3 Conclusionsbull Arbitration is not the sole forum for resolving
disputesbull As Legal Practitioners we should know how
disputes are analysed categorized and processed
bull Consequently we should know when to go to court and out of court
bull Legal Practitioners should know which arsenal to deploy appropriately
bull Legal Practitioners should bear in mind the challenges facing arbitration in Nigeria and assist in proffering solutions
Website wwwhttpspaulidornigieorg
Email profpauldornigieorg
Thank you for your attention
- Challenges to Arbitration Practice in Nigeria By
- AGENDA
- 1 INTRODUCTION
- Slide 4
- Challenges
- 2 THE CHALLENGES
- I The Law amp Rules Reform of ACA
- Slide 8
- Slide 9
- What is the solution
- II The Legal Practitioners ndash as Counsel and Arbitrator
- Slide 12
- What is the solution (2)
- III The Courts ndash section 34 ACA
- Slide 15
- What is the solution (3)
- IV The Government as Parties and Enablers
- What is the solution (4)
- V The Arbitral Institutions
- Slide 20
- VI The Business Community
- VII Society as a Whole
- 3 Conclusions
- Slide 24
- Slide 25
-
II The Legal Practitioners ndash as Counsel and Arbitrator
bull Every Legal Practitioner assumes that he can act as a Counsel in arbitration and also act as an Arbitrator
bull The Legal Practitioners play two major roles ndash as Counsel and Arbitrator though they can also act as Registrars
bull As Counsel ensure that an enforceable arbitration
agreement is drafted avoid pathological clauses Attend training courses on arbitration Understand the laws and rules and Offer proper legal advice to your client before
during and after arbitral proceedings
bull As Arbitrator ndash Arbitration is not litigationYou trained to become a Legal
Practitioner you need to train to become an Arbitrator
Donrsquot bring the lsquoexcess baggagersquo in litigation to arbitration
Remember your duties as a member of the NBA especially the Rules of Professional Conduct
What is the solution
Proper training for Legal Practitioners
III The Courts ndash section 34 ACA
bull The courts play supervisory and supportive roles in arbitration
bull The judges should know their limitation as prescribed in section 34 of the ACA
bull Courts can intervene in the following areasS 2 of the Act ndash Arbitration agreement irrevocable
except by agreement or leave of courtSs 4 and 5 of the Act ndash Stay of ProceedingsS 7 of the Act ndash Appointment of ArbitratorsSs 9 and 10 of the Act ndash Challenge of
ArbitratorsFailure or impossibility to act
Section 13 of the Act ndash Interim measure of protection
Section 23 of the Act ndash Power of court to order attendance of witness
Section 29 of the Act ndash Application for setting aside an arbitral award and remission of award
Section 30 of the Act ndash Setting Aside in case of misconduct by arbitrator and removal of an arbitrator
Section 31 of the Act ndash Recognition and enforcement of award
Sections 32 and 52 of the Act ndash Refusal of enforcement of award
What is the solution
Where a counsel brings any other application the court should refuse it and award costs personally against the Counsel
IV The Government as Parties and Enablers
bull Every government should draw a line between a pure governmental act
and a commercial actobey the rules of the marketnegotiate and draft contracts properly
bearing in mind issues of governing law and place of arbitration
chose competent arbitrators ensure that arbitral proceedings are
efficiently and effectively conductedhonour arbitral awards
What is the solution
Government should create an enabling environment for arbitration ndash the laws rules arbitral institutions and the infrastructure (social and economic)
V The Arbitral Institutionsbull Nigeria is a member of the Asian-Africa Legal
Consultative Organization (AALCO)bull AALCO was first constituted in 1956 by Asian
countries and expanded in 1958 to include African countries
bull AALCO has worked with the United Nations and the International Law Commission on the settlement of international commercial disputes
bull Under the auspices of AALCO the Lagos Regional Centre for International Commercial Arbitration was established
bull The Centre should be properly manned and funded so as to be a hub for arbitration in the sub-region
bull There are other Regional Centres in Cairo Kuala Lumpur Tehran and Cairo
VI The Business Communitybull The Business community should know when to
arbitrate and when to go to courtbull They should engage competent legal practitioners to
advise thembull They should belong to relevant Chambers of
Commercebull They should know the arbitral institutions and
services that they renderbull They should not negotiate and draft a contract
without their Legal Practitionersbull They need proper guidance on the appointment of
arbitrators and how arbitral proceedings are conducted
VII Society as a Whole
bull Disputes are incidents of trade and commerce
bull Society benefits if disputes are properly analysed categorized and processed
3 Conclusionsbull Arbitration is not the sole forum for resolving
disputesbull As Legal Practitioners we should know how
disputes are analysed categorized and processed
bull Consequently we should know when to go to court and out of court
bull Legal Practitioners should know which arsenal to deploy appropriately
bull Legal Practitioners should bear in mind the challenges facing arbitration in Nigeria and assist in proffering solutions
Website wwwhttpspaulidornigieorg
Email profpauldornigieorg
Thank you for your attention
- Challenges to Arbitration Practice in Nigeria By
- AGENDA
- 1 INTRODUCTION
- Slide 4
- Challenges
- 2 THE CHALLENGES
- I The Law amp Rules Reform of ACA
- Slide 8
- Slide 9
- What is the solution
- II The Legal Practitioners ndash as Counsel and Arbitrator
- Slide 12
- What is the solution (2)
- III The Courts ndash section 34 ACA
- Slide 15
- What is the solution (3)
- IV The Government as Parties and Enablers
- What is the solution (4)
- V The Arbitral Institutions
- Slide 20
- VI The Business Community
- VII Society as a Whole
- 3 Conclusions
- Slide 24
- Slide 25
-
bull As Arbitrator ndash Arbitration is not litigationYou trained to become a Legal
Practitioner you need to train to become an Arbitrator
Donrsquot bring the lsquoexcess baggagersquo in litigation to arbitration
Remember your duties as a member of the NBA especially the Rules of Professional Conduct
What is the solution
Proper training for Legal Practitioners
III The Courts ndash section 34 ACA
bull The courts play supervisory and supportive roles in arbitration
bull The judges should know their limitation as prescribed in section 34 of the ACA
bull Courts can intervene in the following areasS 2 of the Act ndash Arbitration agreement irrevocable
except by agreement or leave of courtSs 4 and 5 of the Act ndash Stay of ProceedingsS 7 of the Act ndash Appointment of ArbitratorsSs 9 and 10 of the Act ndash Challenge of
ArbitratorsFailure or impossibility to act
Section 13 of the Act ndash Interim measure of protection
Section 23 of the Act ndash Power of court to order attendance of witness
Section 29 of the Act ndash Application for setting aside an arbitral award and remission of award
Section 30 of the Act ndash Setting Aside in case of misconduct by arbitrator and removal of an arbitrator
Section 31 of the Act ndash Recognition and enforcement of award
Sections 32 and 52 of the Act ndash Refusal of enforcement of award
What is the solution
Where a counsel brings any other application the court should refuse it and award costs personally against the Counsel
IV The Government as Parties and Enablers
bull Every government should draw a line between a pure governmental act
and a commercial actobey the rules of the marketnegotiate and draft contracts properly
bearing in mind issues of governing law and place of arbitration
chose competent arbitrators ensure that arbitral proceedings are
efficiently and effectively conductedhonour arbitral awards
What is the solution
Government should create an enabling environment for arbitration ndash the laws rules arbitral institutions and the infrastructure (social and economic)
V The Arbitral Institutionsbull Nigeria is a member of the Asian-Africa Legal
Consultative Organization (AALCO)bull AALCO was first constituted in 1956 by Asian
countries and expanded in 1958 to include African countries
bull AALCO has worked with the United Nations and the International Law Commission on the settlement of international commercial disputes
bull Under the auspices of AALCO the Lagos Regional Centre for International Commercial Arbitration was established
bull The Centre should be properly manned and funded so as to be a hub for arbitration in the sub-region
bull There are other Regional Centres in Cairo Kuala Lumpur Tehran and Cairo
VI The Business Communitybull The Business community should know when to
arbitrate and when to go to courtbull They should engage competent legal practitioners to
advise thembull They should belong to relevant Chambers of
Commercebull They should know the arbitral institutions and
services that they renderbull They should not negotiate and draft a contract
without their Legal Practitionersbull They need proper guidance on the appointment of
arbitrators and how arbitral proceedings are conducted
VII Society as a Whole
bull Disputes are incidents of trade and commerce
bull Society benefits if disputes are properly analysed categorized and processed
3 Conclusionsbull Arbitration is not the sole forum for resolving
disputesbull As Legal Practitioners we should know how
disputes are analysed categorized and processed
bull Consequently we should know when to go to court and out of court
bull Legal Practitioners should know which arsenal to deploy appropriately
bull Legal Practitioners should bear in mind the challenges facing arbitration in Nigeria and assist in proffering solutions
Website wwwhttpspaulidornigieorg
Email profpauldornigieorg
Thank you for your attention
- Challenges to Arbitration Practice in Nigeria By
- AGENDA
- 1 INTRODUCTION
- Slide 4
- Challenges
- 2 THE CHALLENGES
- I The Law amp Rules Reform of ACA
- Slide 8
- Slide 9
- What is the solution
- II The Legal Practitioners ndash as Counsel and Arbitrator
- Slide 12
- What is the solution (2)
- III The Courts ndash section 34 ACA
- Slide 15
- What is the solution (3)
- IV The Government as Parties and Enablers
- What is the solution (4)
- V The Arbitral Institutions
- Slide 20
- VI The Business Community
- VII Society as a Whole
- 3 Conclusions
- Slide 24
- Slide 25
-
What is the solution
Proper training for Legal Practitioners
III The Courts ndash section 34 ACA
bull The courts play supervisory and supportive roles in arbitration
bull The judges should know their limitation as prescribed in section 34 of the ACA
bull Courts can intervene in the following areasS 2 of the Act ndash Arbitration agreement irrevocable
except by agreement or leave of courtSs 4 and 5 of the Act ndash Stay of ProceedingsS 7 of the Act ndash Appointment of ArbitratorsSs 9 and 10 of the Act ndash Challenge of
ArbitratorsFailure or impossibility to act
Section 13 of the Act ndash Interim measure of protection
Section 23 of the Act ndash Power of court to order attendance of witness
Section 29 of the Act ndash Application for setting aside an arbitral award and remission of award
Section 30 of the Act ndash Setting Aside in case of misconduct by arbitrator and removal of an arbitrator
Section 31 of the Act ndash Recognition and enforcement of award
Sections 32 and 52 of the Act ndash Refusal of enforcement of award
What is the solution
Where a counsel brings any other application the court should refuse it and award costs personally against the Counsel
IV The Government as Parties and Enablers
bull Every government should draw a line between a pure governmental act
and a commercial actobey the rules of the marketnegotiate and draft contracts properly
bearing in mind issues of governing law and place of arbitration
chose competent arbitrators ensure that arbitral proceedings are
efficiently and effectively conductedhonour arbitral awards
What is the solution
Government should create an enabling environment for arbitration ndash the laws rules arbitral institutions and the infrastructure (social and economic)
V The Arbitral Institutionsbull Nigeria is a member of the Asian-Africa Legal
Consultative Organization (AALCO)bull AALCO was first constituted in 1956 by Asian
countries and expanded in 1958 to include African countries
bull AALCO has worked with the United Nations and the International Law Commission on the settlement of international commercial disputes
bull Under the auspices of AALCO the Lagos Regional Centre for International Commercial Arbitration was established
bull The Centre should be properly manned and funded so as to be a hub for arbitration in the sub-region
bull There are other Regional Centres in Cairo Kuala Lumpur Tehran and Cairo
VI The Business Communitybull The Business community should know when to
arbitrate and when to go to courtbull They should engage competent legal practitioners to
advise thembull They should belong to relevant Chambers of
Commercebull They should know the arbitral institutions and
services that they renderbull They should not negotiate and draft a contract
without their Legal Practitionersbull They need proper guidance on the appointment of
arbitrators and how arbitral proceedings are conducted
VII Society as a Whole
bull Disputes are incidents of trade and commerce
bull Society benefits if disputes are properly analysed categorized and processed
3 Conclusionsbull Arbitration is not the sole forum for resolving
disputesbull As Legal Practitioners we should know how
disputes are analysed categorized and processed
bull Consequently we should know when to go to court and out of court
bull Legal Practitioners should know which arsenal to deploy appropriately
bull Legal Practitioners should bear in mind the challenges facing arbitration in Nigeria and assist in proffering solutions
Website wwwhttpspaulidornigieorg
Email profpauldornigieorg
Thank you for your attention
- Challenges to Arbitration Practice in Nigeria By
- AGENDA
- 1 INTRODUCTION
- Slide 4
- Challenges
- 2 THE CHALLENGES
- I The Law amp Rules Reform of ACA
- Slide 8
- Slide 9
- What is the solution
- II The Legal Practitioners ndash as Counsel and Arbitrator
- Slide 12
- What is the solution (2)
- III The Courts ndash section 34 ACA
- Slide 15
- What is the solution (3)
- IV The Government as Parties and Enablers
- What is the solution (4)
- V The Arbitral Institutions
- Slide 20
- VI The Business Community
- VII Society as a Whole
- 3 Conclusions
- Slide 24
- Slide 25
-
III The Courts ndash section 34 ACA
bull The courts play supervisory and supportive roles in arbitration
bull The judges should know their limitation as prescribed in section 34 of the ACA
bull Courts can intervene in the following areasS 2 of the Act ndash Arbitration agreement irrevocable
except by agreement or leave of courtSs 4 and 5 of the Act ndash Stay of ProceedingsS 7 of the Act ndash Appointment of ArbitratorsSs 9 and 10 of the Act ndash Challenge of
ArbitratorsFailure or impossibility to act
Section 13 of the Act ndash Interim measure of protection
Section 23 of the Act ndash Power of court to order attendance of witness
Section 29 of the Act ndash Application for setting aside an arbitral award and remission of award
Section 30 of the Act ndash Setting Aside in case of misconduct by arbitrator and removal of an arbitrator
Section 31 of the Act ndash Recognition and enforcement of award
Sections 32 and 52 of the Act ndash Refusal of enforcement of award
What is the solution
Where a counsel brings any other application the court should refuse it and award costs personally against the Counsel
IV The Government as Parties and Enablers
bull Every government should draw a line between a pure governmental act
and a commercial actobey the rules of the marketnegotiate and draft contracts properly
bearing in mind issues of governing law and place of arbitration
chose competent arbitrators ensure that arbitral proceedings are
efficiently and effectively conductedhonour arbitral awards
What is the solution
Government should create an enabling environment for arbitration ndash the laws rules arbitral institutions and the infrastructure (social and economic)
V The Arbitral Institutionsbull Nigeria is a member of the Asian-Africa Legal
Consultative Organization (AALCO)bull AALCO was first constituted in 1956 by Asian
countries and expanded in 1958 to include African countries
bull AALCO has worked with the United Nations and the International Law Commission on the settlement of international commercial disputes
bull Under the auspices of AALCO the Lagos Regional Centre for International Commercial Arbitration was established
bull The Centre should be properly manned and funded so as to be a hub for arbitration in the sub-region
bull There are other Regional Centres in Cairo Kuala Lumpur Tehran and Cairo
VI The Business Communitybull The Business community should know when to
arbitrate and when to go to courtbull They should engage competent legal practitioners to
advise thembull They should belong to relevant Chambers of
Commercebull They should know the arbitral institutions and
services that they renderbull They should not negotiate and draft a contract
without their Legal Practitionersbull They need proper guidance on the appointment of
arbitrators and how arbitral proceedings are conducted
VII Society as a Whole
bull Disputes are incidents of trade and commerce
bull Society benefits if disputes are properly analysed categorized and processed
3 Conclusionsbull Arbitration is not the sole forum for resolving
disputesbull As Legal Practitioners we should know how
disputes are analysed categorized and processed
bull Consequently we should know when to go to court and out of court
bull Legal Practitioners should know which arsenal to deploy appropriately
bull Legal Practitioners should bear in mind the challenges facing arbitration in Nigeria and assist in proffering solutions
Website wwwhttpspaulidornigieorg
Email profpauldornigieorg
Thank you for your attention
- Challenges to Arbitration Practice in Nigeria By
- AGENDA
- 1 INTRODUCTION
- Slide 4
- Challenges
- 2 THE CHALLENGES
- I The Law amp Rules Reform of ACA
- Slide 8
- Slide 9
- What is the solution
- II The Legal Practitioners ndash as Counsel and Arbitrator
- Slide 12
- What is the solution (2)
- III The Courts ndash section 34 ACA
- Slide 15
- What is the solution (3)
- IV The Government as Parties and Enablers
- What is the solution (4)
- V The Arbitral Institutions
- Slide 20
- VI The Business Community
- VII Society as a Whole
- 3 Conclusions
- Slide 24
- Slide 25
-
Section 13 of the Act ndash Interim measure of protection
Section 23 of the Act ndash Power of court to order attendance of witness
Section 29 of the Act ndash Application for setting aside an arbitral award and remission of award
Section 30 of the Act ndash Setting Aside in case of misconduct by arbitrator and removal of an arbitrator
Section 31 of the Act ndash Recognition and enforcement of award
Sections 32 and 52 of the Act ndash Refusal of enforcement of award
What is the solution
Where a counsel brings any other application the court should refuse it and award costs personally against the Counsel
IV The Government as Parties and Enablers
bull Every government should draw a line between a pure governmental act
and a commercial actobey the rules of the marketnegotiate and draft contracts properly
bearing in mind issues of governing law and place of arbitration
chose competent arbitrators ensure that arbitral proceedings are
efficiently and effectively conductedhonour arbitral awards
What is the solution
Government should create an enabling environment for arbitration ndash the laws rules arbitral institutions and the infrastructure (social and economic)
V The Arbitral Institutionsbull Nigeria is a member of the Asian-Africa Legal
Consultative Organization (AALCO)bull AALCO was first constituted in 1956 by Asian
countries and expanded in 1958 to include African countries
bull AALCO has worked with the United Nations and the International Law Commission on the settlement of international commercial disputes
bull Under the auspices of AALCO the Lagos Regional Centre for International Commercial Arbitration was established
bull The Centre should be properly manned and funded so as to be a hub for arbitration in the sub-region
bull There are other Regional Centres in Cairo Kuala Lumpur Tehran and Cairo
VI The Business Communitybull The Business community should know when to
arbitrate and when to go to courtbull They should engage competent legal practitioners to
advise thembull They should belong to relevant Chambers of
Commercebull They should know the arbitral institutions and
services that they renderbull They should not negotiate and draft a contract
without their Legal Practitionersbull They need proper guidance on the appointment of
arbitrators and how arbitral proceedings are conducted
VII Society as a Whole
bull Disputes are incidents of trade and commerce
bull Society benefits if disputes are properly analysed categorized and processed
3 Conclusionsbull Arbitration is not the sole forum for resolving
disputesbull As Legal Practitioners we should know how
disputes are analysed categorized and processed
bull Consequently we should know when to go to court and out of court
bull Legal Practitioners should know which arsenal to deploy appropriately
bull Legal Practitioners should bear in mind the challenges facing arbitration in Nigeria and assist in proffering solutions
Website wwwhttpspaulidornigieorg
Email profpauldornigieorg
Thank you for your attention
- Challenges to Arbitration Practice in Nigeria By
- AGENDA
- 1 INTRODUCTION
- Slide 4
- Challenges
- 2 THE CHALLENGES
- I The Law amp Rules Reform of ACA
- Slide 8
- Slide 9
- What is the solution
- II The Legal Practitioners ndash as Counsel and Arbitrator
- Slide 12
- What is the solution (2)
- III The Courts ndash section 34 ACA
- Slide 15
- What is the solution (3)
- IV The Government as Parties and Enablers
- What is the solution (4)
- V The Arbitral Institutions
- Slide 20
- VI The Business Community
- VII Society as a Whole
- 3 Conclusions
- Slide 24
- Slide 25
-
What is the solution
Where a counsel brings any other application the court should refuse it and award costs personally against the Counsel
IV The Government as Parties and Enablers
bull Every government should draw a line between a pure governmental act
and a commercial actobey the rules of the marketnegotiate and draft contracts properly
bearing in mind issues of governing law and place of arbitration
chose competent arbitrators ensure that arbitral proceedings are
efficiently and effectively conductedhonour arbitral awards
What is the solution
Government should create an enabling environment for arbitration ndash the laws rules arbitral institutions and the infrastructure (social and economic)
V The Arbitral Institutionsbull Nigeria is a member of the Asian-Africa Legal
Consultative Organization (AALCO)bull AALCO was first constituted in 1956 by Asian
countries and expanded in 1958 to include African countries
bull AALCO has worked with the United Nations and the International Law Commission on the settlement of international commercial disputes
bull Under the auspices of AALCO the Lagos Regional Centre for International Commercial Arbitration was established
bull The Centre should be properly manned and funded so as to be a hub for arbitration in the sub-region
bull There are other Regional Centres in Cairo Kuala Lumpur Tehran and Cairo
VI The Business Communitybull The Business community should know when to
arbitrate and when to go to courtbull They should engage competent legal practitioners to
advise thembull They should belong to relevant Chambers of
Commercebull They should know the arbitral institutions and
services that they renderbull They should not negotiate and draft a contract
without their Legal Practitionersbull They need proper guidance on the appointment of
arbitrators and how arbitral proceedings are conducted
VII Society as a Whole
bull Disputes are incidents of trade and commerce
bull Society benefits if disputes are properly analysed categorized and processed
3 Conclusionsbull Arbitration is not the sole forum for resolving
disputesbull As Legal Practitioners we should know how
disputes are analysed categorized and processed
bull Consequently we should know when to go to court and out of court
bull Legal Practitioners should know which arsenal to deploy appropriately
bull Legal Practitioners should bear in mind the challenges facing arbitration in Nigeria and assist in proffering solutions
Website wwwhttpspaulidornigieorg
Email profpauldornigieorg
Thank you for your attention
- Challenges to Arbitration Practice in Nigeria By
- AGENDA
- 1 INTRODUCTION
- Slide 4
- Challenges
- 2 THE CHALLENGES
- I The Law amp Rules Reform of ACA
- Slide 8
- Slide 9
- What is the solution
- II The Legal Practitioners ndash as Counsel and Arbitrator
- Slide 12
- What is the solution (2)
- III The Courts ndash section 34 ACA
- Slide 15
- What is the solution (3)
- IV The Government as Parties and Enablers
- What is the solution (4)
- V The Arbitral Institutions
- Slide 20
- VI The Business Community
- VII Society as a Whole
- 3 Conclusions
- Slide 24
- Slide 25
-
IV The Government as Parties and Enablers
bull Every government should draw a line between a pure governmental act
and a commercial actobey the rules of the marketnegotiate and draft contracts properly
bearing in mind issues of governing law and place of arbitration
chose competent arbitrators ensure that arbitral proceedings are
efficiently and effectively conductedhonour arbitral awards
What is the solution
Government should create an enabling environment for arbitration ndash the laws rules arbitral institutions and the infrastructure (social and economic)
V The Arbitral Institutionsbull Nigeria is a member of the Asian-Africa Legal
Consultative Organization (AALCO)bull AALCO was first constituted in 1956 by Asian
countries and expanded in 1958 to include African countries
bull AALCO has worked with the United Nations and the International Law Commission on the settlement of international commercial disputes
bull Under the auspices of AALCO the Lagos Regional Centre for International Commercial Arbitration was established
bull The Centre should be properly manned and funded so as to be a hub for arbitration in the sub-region
bull There are other Regional Centres in Cairo Kuala Lumpur Tehran and Cairo
VI The Business Communitybull The Business community should know when to
arbitrate and when to go to courtbull They should engage competent legal practitioners to
advise thembull They should belong to relevant Chambers of
Commercebull They should know the arbitral institutions and
services that they renderbull They should not negotiate and draft a contract
without their Legal Practitionersbull They need proper guidance on the appointment of
arbitrators and how arbitral proceedings are conducted
VII Society as a Whole
bull Disputes are incidents of trade and commerce
bull Society benefits if disputes are properly analysed categorized and processed
3 Conclusionsbull Arbitration is not the sole forum for resolving
disputesbull As Legal Practitioners we should know how
disputes are analysed categorized and processed
bull Consequently we should know when to go to court and out of court
bull Legal Practitioners should know which arsenal to deploy appropriately
bull Legal Practitioners should bear in mind the challenges facing arbitration in Nigeria and assist in proffering solutions
Website wwwhttpspaulidornigieorg
Email profpauldornigieorg
Thank you for your attention
- Challenges to Arbitration Practice in Nigeria By
- AGENDA
- 1 INTRODUCTION
- Slide 4
- Challenges
- 2 THE CHALLENGES
- I The Law amp Rules Reform of ACA
- Slide 8
- Slide 9
- What is the solution
- II The Legal Practitioners ndash as Counsel and Arbitrator
- Slide 12
- What is the solution (2)
- III The Courts ndash section 34 ACA
- Slide 15
- What is the solution (3)
- IV The Government as Parties and Enablers
- What is the solution (4)
- V The Arbitral Institutions
- Slide 20
- VI The Business Community
- VII Society as a Whole
- 3 Conclusions
- Slide 24
- Slide 25
-
What is the solution
Government should create an enabling environment for arbitration ndash the laws rules arbitral institutions and the infrastructure (social and economic)
V The Arbitral Institutionsbull Nigeria is a member of the Asian-Africa Legal
Consultative Organization (AALCO)bull AALCO was first constituted in 1956 by Asian
countries and expanded in 1958 to include African countries
bull AALCO has worked with the United Nations and the International Law Commission on the settlement of international commercial disputes
bull Under the auspices of AALCO the Lagos Regional Centre for International Commercial Arbitration was established
bull The Centre should be properly manned and funded so as to be a hub for arbitration in the sub-region
bull There are other Regional Centres in Cairo Kuala Lumpur Tehran and Cairo
VI The Business Communitybull The Business community should know when to
arbitrate and when to go to courtbull They should engage competent legal practitioners to
advise thembull They should belong to relevant Chambers of
Commercebull They should know the arbitral institutions and
services that they renderbull They should not negotiate and draft a contract
without their Legal Practitionersbull They need proper guidance on the appointment of
arbitrators and how arbitral proceedings are conducted
VII Society as a Whole
bull Disputes are incidents of trade and commerce
bull Society benefits if disputes are properly analysed categorized and processed
3 Conclusionsbull Arbitration is not the sole forum for resolving
disputesbull As Legal Practitioners we should know how
disputes are analysed categorized and processed
bull Consequently we should know when to go to court and out of court
bull Legal Practitioners should know which arsenal to deploy appropriately
bull Legal Practitioners should bear in mind the challenges facing arbitration in Nigeria and assist in proffering solutions
Website wwwhttpspaulidornigieorg
Email profpauldornigieorg
Thank you for your attention
- Challenges to Arbitration Practice in Nigeria By
- AGENDA
- 1 INTRODUCTION
- Slide 4
- Challenges
- 2 THE CHALLENGES
- I The Law amp Rules Reform of ACA
- Slide 8
- Slide 9
- What is the solution
- II The Legal Practitioners ndash as Counsel and Arbitrator
- Slide 12
- What is the solution (2)
- III The Courts ndash section 34 ACA
- Slide 15
- What is the solution (3)
- IV The Government as Parties and Enablers
- What is the solution (4)
- V The Arbitral Institutions
- Slide 20
- VI The Business Community
- VII Society as a Whole
- 3 Conclusions
- Slide 24
- Slide 25
-
V The Arbitral Institutionsbull Nigeria is a member of the Asian-Africa Legal
Consultative Organization (AALCO)bull AALCO was first constituted in 1956 by Asian
countries and expanded in 1958 to include African countries
bull AALCO has worked with the United Nations and the International Law Commission on the settlement of international commercial disputes
bull Under the auspices of AALCO the Lagos Regional Centre for International Commercial Arbitration was established
bull The Centre should be properly manned and funded so as to be a hub for arbitration in the sub-region
bull There are other Regional Centres in Cairo Kuala Lumpur Tehran and Cairo
VI The Business Communitybull The Business community should know when to
arbitrate and when to go to courtbull They should engage competent legal practitioners to
advise thembull They should belong to relevant Chambers of
Commercebull They should know the arbitral institutions and
services that they renderbull They should not negotiate and draft a contract
without their Legal Practitionersbull They need proper guidance on the appointment of
arbitrators and how arbitral proceedings are conducted
VII Society as a Whole
bull Disputes are incidents of trade and commerce
bull Society benefits if disputes are properly analysed categorized and processed
3 Conclusionsbull Arbitration is not the sole forum for resolving
disputesbull As Legal Practitioners we should know how
disputes are analysed categorized and processed
bull Consequently we should know when to go to court and out of court
bull Legal Practitioners should know which arsenal to deploy appropriately
bull Legal Practitioners should bear in mind the challenges facing arbitration in Nigeria and assist in proffering solutions
Website wwwhttpspaulidornigieorg
Email profpauldornigieorg
Thank you for your attention
- Challenges to Arbitration Practice in Nigeria By
- AGENDA
- 1 INTRODUCTION
- Slide 4
- Challenges
- 2 THE CHALLENGES
- I The Law amp Rules Reform of ACA
- Slide 8
- Slide 9
- What is the solution
- II The Legal Practitioners ndash as Counsel and Arbitrator
- Slide 12
- What is the solution (2)
- III The Courts ndash section 34 ACA
- Slide 15
- What is the solution (3)
- IV The Government as Parties and Enablers
- What is the solution (4)
- V The Arbitral Institutions
- Slide 20
- VI The Business Community
- VII Society as a Whole
- 3 Conclusions
- Slide 24
- Slide 25
-
bull The Centre should be properly manned and funded so as to be a hub for arbitration in the sub-region
bull There are other Regional Centres in Cairo Kuala Lumpur Tehran and Cairo
VI The Business Communitybull The Business community should know when to
arbitrate and when to go to courtbull They should engage competent legal practitioners to
advise thembull They should belong to relevant Chambers of
Commercebull They should know the arbitral institutions and
services that they renderbull They should not negotiate and draft a contract
without their Legal Practitionersbull They need proper guidance on the appointment of
arbitrators and how arbitral proceedings are conducted
VII Society as a Whole
bull Disputes are incidents of trade and commerce
bull Society benefits if disputes are properly analysed categorized and processed
3 Conclusionsbull Arbitration is not the sole forum for resolving
disputesbull As Legal Practitioners we should know how
disputes are analysed categorized and processed
bull Consequently we should know when to go to court and out of court
bull Legal Practitioners should know which arsenal to deploy appropriately
bull Legal Practitioners should bear in mind the challenges facing arbitration in Nigeria and assist in proffering solutions
Website wwwhttpspaulidornigieorg
Email profpauldornigieorg
Thank you for your attention
- Challenges to Arbitration Practice in Nigeria By
- AGENDA
- 1 INTRODUCTION
- Slide 4
- Challenges
- 2 THE CHALLENGES
- I The Law amp Rules Reform of ACA
- Slide 8
- Slide 9
- What is the solution
- II The Legal Practitioners ndash as Counsel and Arbitrator
- Slide 12
- What is the solution (2)
- III The Courts ndash section 34 ACA
- Slide 15
- What is the solution (3)
- IV The Government as Parties and Enablers
- What is the solution (4)
- V The Arbitral Institutions
- Slide 20
- VI The Business Community
- VII Society as a Whole
- 3 Conclusions
- Slide 24
- Slide 25
-
VI The Business Communitybull The Business community should know when to
arbitrate and when to go to courtbull They should engage competent legal practitioners to
advise thembull They should belong to relevant Chambers of
Commercebull They should know the arbitral institutions and
services that they renderbull They should not negotiate and draft a contract
without their Legal Practitionersbull They need proper guidance on the appointment of
arbitrators and how arbitral proceedings are conducted
VII Society as a Whole
bull Disputes are incidents of trade and commerce
bull Society benefits if disputes are properly analysed categorized and processed
3 Conclusionsbull Arbitration is not the sole forum for resolving
disputesbull As Legal Practitioners we should know how
disputes are analysed categorized and processed
bull Consequently we should know when to go to court and out of court
bull Legal Practitioners should know which arsenal to deploy appropriately
bull Legal Practitioners should bear in mind the challenges facing arbitration in Nigeria and assist in proffering solutions
Website wwwhttpspaulidornigieorg
Email profpauldornigieorg
Thank you for your attention
- Challenges to Arbitration Practice in Nigeria By
- AGENDA
- 1 INTRODUCTION
- Slide 4
- Challenges
- 2 THE CHALLENGES
- I The Law amp Rules Reform of ACA
- Slide 8
- Slide 9
- What is the solution
- II The Legal Practitioners ndash as Counsel and Arbitrator
- Slide 12
- What is the solution (2)
- III The Courts ndash section 34 ACA
- Slide 15
- What is the solution (3)
- IV The Government as Parties and Enablers
- What is the solution (4)
- V The Arbitral Institutions
- Slide 20
- VI The Business Community
- VII Society as a Whole
- 3 Conclusions
- Slide 24
- Slide 25
-
VII Society as a Whole
bull Disputes are incidents of trade and commerce
bull Society benefits if disputes are properly analysed categorized and processed
3 Conclusionsbull Arbitration is not the sole forum for resolving
disputesbull As Legal Practitioners we should know how
disputes are analysed categorized and processed
bull Consequently we should know when to go to court and out of court
bull Legal Practitioners should know which arsenal to deploy appropriately
bull Legal Practitioners should bear in mind the challenges facing arbitration in Nigeria and assist in proffering solutions
Website wwwhttpspaulidornigieorg
Email profpauldornigieorg
Thank you for your attention
- Challenges to Arbitration Practice in Nigeria By
- AGENDA
- 1 INTRODUCTION
- Slide 4
- Challenges
- 2 THE CHALLENGES
- I The Law amp Rules Reform of ACA
- Slide 8
- Slide 9
- What is the solution
- II The Legal Practitioners ndash as Counsel and Arbitrator
- Slide 12
- What is the solution (2)
- III The Courts ndash section 34 ACA
- Slide 15
- What is the solution (3)
- IV The Government as Parties and Enablers
- What is the solution (4)
- V The Arbitral Institutions
- Slide 20
- VI The Business Community
- VII Society as a Whole
- 3 Conclusions
- Slide 24
- Slide 25
-
3 Conclusionsbull Arbitration is not the sole forum for resolving
disputesbull As Legal Practitioners we should know how
disputes are analysed categorized and processed
bull Consequently we should know when to go to court and out of court
bull Legal Practitioners should know which arsenal to deploy appropriately
bull Legal Practitioners should bear in mind the challenges facing arbitration in Nigeria and assist in proffering solutions
Website wwwhttpspaulidornigieorg
Email profpauldornigieorg
Thank you for your attention
- Challenges to Arbitration Practice in Nigeria By
- AGENDA
- 1 INTRODUCTION
- Slide 4
- Challenges
- 2 THE CHALLENGES
- I The Law amp Rules Reform of ACA
- Slide 8
- Slide 9
- What is the solution
- II The Legal Practitioners ndash as Counsel and Arbitrator
- Slide 12
- What is the solution (2)
- III The Courts ndash section 34 ACA
- Slide 15
- What is the solution (3)
- IV The Government as Parties and Enablers
- What is the solution (4)
- V The Arbitral Institutions
- Slide 20
- VI The Business Community
- VII Society as a Whole
- 3 Conclusions
- Slide 24
- Slide 25
-
Website wwwhttpspaulidornigieorg
Email profpauldornigieorg
Thank you for your attention
- Challenges to Arbitration Practice in Nigeria By
- AGENDA
- 1 INTRODUCTION
- Slide 4
- Challenges
- 2 THE CHALLENGES
- I The Law amp Rules Reform of ACA
- Slide 8
- Slide 9
- What is the solution
- II The Legal Practitioners ndash as Counsel and Arbitrator
- Slide 12
- What is the solution (2)
- III The Courts ndash section 34 ACA
- Slide 15
- What is the solution (3)
- IV The Government as Parties and Enablers
- What is the solution (4)
- V The Arbitral Institutions
- Slide 20
- VI The Business Community
- VII Society as a Whole
- 3 Conclusions
- Slide 24
- Slide 25
-