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

• Post by: deqe
• March 5, 2025
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Otunta, B. N.*
Department of Private and Property Law, Faculty of Law, University of Benin, Nigeria

ABSTRACT

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

Keywords: Commercial Arbitration; Alternative Dispute Resolution (ADR); Arbitration and Conciliation Act; Nigerian Arbitration and Mediation Act