74
ISSN 1712-8056[Print]
ISSN 1923-6697[Online]
www.cscanada.net
www.cscanada.org
Canadian Social Science
Vol. 15, No. 6, 2019, pp. 74-86
DOI:10.3968/11095
Copyright © Canadian Academy of Oriental and Occidental Culture
Nature of Arbitral Awards in Nigeria: an Overview
Michael O. Adeleke
[a],*
; Oluwayemisi A. Adewole
[b]
[a]
LL.M, B.L. Ph.D., Senior Lecturer, Department of Business Law,
Obafemi Awolowo University Ile-Ife, Ile-Ife, Nigeria.
[b]
LL.M, B.L., Lecturer, Department of International Law, Obafemi
Awolowo University Ile-Ife, Ile-Ife, Nigeria.
*
Corresponding author.
Received 15 March 2019; accepted 7 June 2019
Published online 26 June 2019
Abstract
The need to explore other means of dispute resolution
has resulted in the development of Alternative Dispute
Resolution mechanisms, prominent among which is
arbitration. Arbitration is the most regulated mechanism
and is best suited for commercial relationships because,
while it seeks to preserve existing relationships, it
also ends in an award which is binding on the parties
to the proceedings. The study examined the nature of
arbitral awards through the lens of decided cases and
the Arbitration and Conciliation Act, 2004. The study
adopted the doctrinal method of research and relied on
primary sources of information such as statutes, cases and
conventions; as well as secondary sources of information
such as books, journal articles and materials gotten from
the internet, all subject to content analysis. The study
found that the award, which is final and binding on the
parties, has the same status as a judgment of the court in
Nigeria when recognised and enforced, but may be set
aside where any of the essential requirements are lacking.
The study concluded by stating the need for everyone
involved to take conscious steps from the beginning of
the arbitration in order to end up with a valid and an
enforceable award.
Key words: Arbitration; Award; Recognition and
enforcement; Setting aside
Adeleke, M. O., & Adewole, O. A. (2019). Nature of Arbitral Awards in
Nigeria: an Overview. Canadian Social Science , 15 (6), 74-86. Available
from: http://www.cscanada.net/index.php/css/article/view/11095
DOI: http://dx.doi.org/10.3968/11095
1. INTRODUCTION
1.1 The Evolution of Alternative Dispute
Resolution
Given the nature of mankind, it is well settled that
disputes arising from human and societal interactions are
inevitable. These disputes may arise from such human
interactions as economic and commercial activities,
community interactions and interpersonal relationships.
The fact is “disputes are inevitable in modern societies be
they traditional, industry or commercial. While the law
seeks to avoid such disputes, it also provides different
methods for resolving them when they arise” (Otuturu,
2014, pp.67-77), because disputes, whether commercial
or not, have to be resolved (Otuturu, 2014, pp.67-77).
The traditional method of resolving these disputes - and
by far the most popular - is litigation. However, litigation
as a means of resolving disputes has many drawbacks;
prominent among which is its adversarial feature that
often leaves a lasting division between disputants. Thus,
while a disputant may gain legal justice through litigation,
social justice may be elusive. Several factors such as
high cost of litigation and legal services, coupled with
delays in determining the substance of the dispute, issues
of confidentiality, cumbersome and technical rules of
procedure decidedly made litigation dispute resolution
mechanism unattractive to disputants. Indeed, “[a]s the
courts grew, delays, formalities, technicalities, corruption
and the likes crept in. Similarly, the cause lists became
overcrowded and court environment and sittings became
intimidating and oppressive to the un-informed” (Anyebe,
2015).
It became necessary, therefore, to seek for “extra-
judicial” methods and procedures of resolving disputes.
This necessity became pronounced in civil disputes of
commercial nature as “commercial men and women are
by their nature and [the] practice of their business in a
hurry, when a dispute arises in their business transactions,