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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Website wwwhttpspaulidornigieorg

Email profpauldornigieorg

Thank you for your attention