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Salient Issues in the Law and Practice of Arbitration in Nigeria

Salient Issues in the Law and Practice of Arbitration in Nigeria ANDREW CHUKWUEMERIE* I. INTRODUCTION Nigeria is one country that has never really had any hesitation in its embrace of commercial arbitration and the ADRs as far better means of dispute resolution than litigation. Nigerians have always had a warm and vigorous recourse to arbitration and the ADRs in one form or the other. In the traditional societies that preceded the Nigerian state, customary law arbitration and ADRs were much more in use than customary litigation. Then, as now, arbitration and the ADRs were generally conciliatory by aiming at the preservation of existing relationships instead of the mere declaration of rights and liabilities that might not necessarily achieve effective and enduring justice. Arbitration and the ADRs were therefore more in agreement with the African philosophy of each person being his brother’s keeper, than litigation which was confrontational even in the traditional society. The English law of arbitration was also introduced into Nigeria early in the life of the country then as a colony of Britain. Even though the Imperial Government concentrated on litigation as a favoured means of settling disputes in the colony of Nigeria and, even if unwittingly, hampered the growth of the law and practice of the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Salient Issues in the Law and Practice of Arbitration in Nigeria

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press
Subject
Articles
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2006.14.1.1
Publisher site
See Article on Publisher Site

Abstract

ANDREW CHUKWUEMERIE* I. INTRODUCTION Nigeria is one country that has never really had any hesitation in its embrace of commercial arbitration and the ADRs as far better means of dispute resolution than litigation. Nigerians have always had a warm and vigorous recourse to arbitration and the ADRs in one form or the other. In the traditional societies that preceded the Nigerian state, customary law arbitration and ADRs were much more in use than customary litigation. Then, as now, arbitration and the ADRs were generally conciliatory by aiming at the preservation of existing relationships instead of the mere declaration of rights and liabilities that might not necessarily achieve effective and enduring justice. Arbitration and the ADRs were therefore more in agreement with the African philosophy of each person being his brother’s keeper, than litigation which was confrontational even in the traditional society. The English law of arbitration was also introduced into Nigeria early in the life of the country then as a colony of Britain. Even though the Imperial Government concentrated on litigation as a favoured means of settling disputes in the colony of Nigeria and, even if unwittingly, hampered the growth of the law and practice of the

Journal

African Journal of International and Comparative LawEdinburgh University Press

Published: Mar 1, 2006

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