It is now considered dated but efforts to replace it are currently stultified in the legislative process. Using the uncitral model law on international commercial conciliation as a normative framework, the article critically analyses the proposed reforms to the existing legal framework for conciliation in nigeria which are contained in the nigerian federal arbitration and conciliation draft bill and exposes some of its deficiencies. Arbitration and conciliation act nigerian law intellectual. The act is based on the uncitral model law and incorporates the uncitral arbitration rules. The primary arbitration statute in nigeria is the arbitration and conciliation act7 aca. Arbitration and conciliation act cap a18 laws of the federation of nigeria 2004 call for amendment the arbitration agreement. General principles the provisions of this law are based on the following principles and shall be construed accordingly. Government of india law commission of india report no. Some states have also enacted their own arbitration laws. Mediation in nigeria has developed into a more structured process and within a legislative framework. This act which has been amended by the banks and other financial institutions amendment act 2002 seeks to regulate the operations of bank and other financial institutions in nigeria. Saraf committee 5 report of the department related standing committee on. Title pages i background to the report 1 history of arbitration law in india 1 scheme of the arbitration and conciliation act, 1996 3 176th report of the law commission 4 justice b. In nigeria, conciliation is recognized by the arbitration and conciliation act.
In addition, nigeria has been a signatory to the convention on the recognition and enforcement of foreign arbitral awards new york convention since 1970. The nigerian arbitration and conciliation act cap a18 laws of federal republic of nigeria lfn 2004, the act an adoption of the uncitral model law on international commercial arbitration was enacted in 1988 3. There is an arbitration and conciliation act which was enacted in 1988. This version of this act contains provisions that are prospective. The nigerian government, for example, has enacted the arbitration and conciliation decree 1988 decree.
The arbitration and conciliation act, cap a19, laws of the federation of nigeria. The applicant must file his application for stay before taking step in the proceedings. The ordinance came into force on the 31st day of december 1914. Arbitrability of tax disputes in nigeria arbitration. Law to provide for the resolution of disputes by arbitration in lagos state and forconnecfed purposes. The decree repeals the arbitration act, which was modelled on the arbitration ordinance of 1914, and incorporates certain provisions of the united nations model law on international commercial arbitration model law. Recourse against award application for setting aside an arbitral award. The law that governs arbitration in nigeria is the arbitration and conciliation act 1988, which is applicable over the federation except for lagos state that has its own law, the lagos state arbitration law, 2009 lsal. The first statute on arbitration in nigeria was the 1914 arbitration ordinance. Arbitration and conciliation act uganda legal information. Selling aside of award in ease of misconduct by arbitrator, etc. Jun 11, 2019 the arbitration and conciliation act chapter a18, laws of the federation of nigeria 2004 is the national arbitration law.
And whereas it is expedient to make law respecting arbitration and conciliation, taking into account the aforesaid model law and rules. The english common law and the doctrines of equity including the english statutes of general application were received. Amendments to the arbitration and conciliation act, 1996 table of contents ch. The principal legislation that governs arbitration is the arbitration and conciliation act 1988 laws of the federation of nigeria 2004 cap a18 aca, which is the federal statute. Arbitration practice and other alternative dispute. Be it enacted by parliament in the fortyseventh year of the republic of india as follows. Based on the 1985 uncitral model law on international commercial arbitration model law, with some amendments, the aca is an imperfect and dated piece of legislation. Laws of the federation of nigeria 1990 14 th march, 1998. The lagos state house of assembly enacts as follows. Mediation and conciliation the law reform commission is an independent statutory body established by the law reform commission act 1975. The nigerian arbitration and conciliation decree, 1988 aria. Some states in nigeria also have their own arbitration laws.
Most people are of the opinion that dispute resolution by litigation in court is time consuming and money consuming whereas arbitration may speed the resolution and lower the expenses of disputes. Such grounds include misconduct on the part of the arbitrator and improper procurement of the award. Law and practice of conciliation in nigeria journal of. Nigerias main arbitration legislation, the arbitration and conciliation act 4 aca does not provide clear guidance on the type of disputes that cannot be referred to arbitration.
Reference of dispute to arbitration tribunal if conciliation fails 1 within fourteen days of the receipt by him of a report under section 6 of this act, the minister shall refer the dispute for settlement to the industrial arbitration panel established under this section. Correction and interpretation of award and additional award. Difference between arbitration and conciliation compare the. Pdf procedural aspect of arbitration in nigeria researchgate. The act merely provides that the parties to any agreement may seek amicable settlement of any dispute in relation to the agreement by conciliation. Several states in nigeria retain the ordinancebased law. Nov 30, 2012 an act to provide a unified legal frame work for the fair and efficient settlement of commercial disputes by arbitration and conciliation. Alternative dispute resolution adr is a dispute resolution technique that is used to resolve disagreements and disputes between parties by coming to an agreeable settlement through discussion and negotiation. Arbitration act 1996 is up to date with all changes known to be in force on or before 15 april 2019. Apr 11, 2019 sections 29 and 30 of the arbitration and conciliation act the aca set out the very limited grounds on which a court can set aside an arbitral award at the instance of an aggrieved award debtor. A court shall not intervene in any matter governed by this act, except, where so provided in this act.
Dichotomy or complementarity a critical analysis of the challenges to and prospects of the right to development as a human right nigeria and cameroon. The primary arbitration legislation in nigeria is the arbitration and conciliation act, 1988 aca. An act to provide a unified legal frame work for the fair and efficient settlement of commercial disputes by arbitration and conciliation. The first formal statute on arbitration was promulgated for the entire country on 31st december, 1914, that is, the arbitration ordinance 1914 based on the english arbitration act 1889. Under the arbitration act in nigeria, a contested challenge to an arbitrators appointment must be decided in the first instance by. The aim of this paper is to present detailed contextual understanding of employment relations, alternative dispute resolution adr and collective conciliation in nigeria. This act shall not affect any other law by virtue of which certain disputesa may not be submitted to arbitration.
Provided that parts, i, iii and iv shall extend to the state of jammu and kashmir only in so far as they relate to international commercial arbitration or, as the case may be, international commercial conciliation. The arbitration and conciliation act 1988 aca cap a18 laws of the federation of nigeria 2004 is the federal or national law governing. The primary sources of the nigerian law of arbitration are the english common law, the nigerian customary law and nigerian statues. Ultimately, therefore, the commission envisages in this report and the draft mediation and conciliation bill an integrated approach to dispute resolution in which adr plays an appropriate part, and in which it complements the role of the courts in resolving disputes. The arbitration and conciliation act chapter a18, laws of the federation of nigeria 2004 is the national arbitration law. The new york convention is an international treaty which allows nigeria recognize.
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