The laws in force as of the 31st day of january 1990 that is to say, the several enactments and subsidiary legislation were subsequently published in 471 chapter bound in 24 volumes. Up to date electronic compendium of the laws of the federation of nigeria is available for a fee. Arbitration and conciliation act amendment bill will. The aca mandatorily applies to all domestic arbitrations where parties have not chosen another law to govern the arbitration. Registered trustees of ikoyi club 1996 fhclr 371 3 international centre for the settlement of investment disputes act i 20, laws of the federation of nigeria 2004, section 11. The arbitration and concentration act cap a19, laws of the federation of nigeria, 2004. And whereas it is expedient to make law respecting arbitration and conciliation, taking into account the aforesaid model law and rules. The applicant must file his application for stay before taking step in the proceedings. Arbitration and conciliation in nigeria law repository nigeria. 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.
The arbitration and conciliation act free essay example. The act was passed during a military regime and is stated to apply throughout the federation 2. Unfortunately, the 2004 act failed to address any of the issues raised by these. The main arbitration law in nigeria is the arbitration and conciliation act, cap a18, laws of the federation of nigeria, 2004 aca. Enforcement through the arbitration and conciliation act aca cap. Demystifying the nigerian arbitration and conciliation bill 2017. An act to provide a unified legal frame work for the fair. Some aspects of the law and practice of commercial. The paper examines the nature of petroleum disputes in nigeria and. A18, laws of the federation of nigeria, 2004 the aa remains the federal law on arbitration in nigeria. Be it enacted by parliament in the fortyseventh year of the republic of india as follows. There is, however, a shadow of doubt regarding the validity of the lagos law given the existence of the aca which is a federal law that is said to have covered the entire field of arbitration in. Arbitration and conciliation act 1988 laws of the federation of nigeria 2004 cap a18 aca is an act to provide a unified legal frame work for the fair and efficient settlement of commercial disputes by arbitration and conciliation. The primary sources of the nigerian law of arbitration are the english common law, the nigerian customary law and nigerian statues.
Federal arbitration act and the lagos arbitration law. Nigerian arbitration and conciliation act 2004, which was a reenactment of 1990 act plays important role in our arbitration and conciliation practice. The arbitration and conciliation act 1988 aca cap a18 laws of the federation of nigeria 2004 is the federal or national law governing arbitration in nigeria. The ordinance came into force on the 31st day of december 1914. The act knun as the aca governs both domestic and international arbitration proceedings with separate provisions for each. Pdf procedural aspect of arbitration in nigeria researchgate. The english common law and the doctrines of equity including the english statutes of general application were received.
It borrows heavily from uncitral united nations commission on international trade law model law of international commercial arbitration which was. Arbitration and conciliation act chapter 18 laws of the. Mar 27, 2020 uncitral model law on international arbitration 1985, united nations document a4017, annex 1. The lsal is a significant enactment because of the huge volume of trade and commerce that take 12 olawoyin, supra note 9, page 40 ibid 14 olawoyin, supra note 9, page 41 15 ibid 16 ibid 17 arbitration and conciliation act aca, 1988 cap.
It is now considered dated but efforts to replace it are currently stultified in the legislative process. Furthermore, apart from the act, which is a federal law, some constituent. Nigeria is a signatory to the new york convention on recognition and enforcement of arbitral awards 1958 and the treaty is domesticated in the arbitration and conciliation act. The first statute on arbitration in nigeria was the 1914 arbitration ordinance. However, the federal arbitration and conciliation act cap a18, laws of the federation of nigeria 2004 applies throughout nigeria to both domestic and international arbitration, and its provisions prevail over any state laws to. This paper is essentially a critical appraisal of the scope, application and effect of section 11 of the nigerian petroleum act. Oct 19, 2015 chapter a18 laws of the federation of nigeria 2004. What law governs arbitration proceedings with their seat in your jurisdiction. Some states in nigeria also have their own arbitration laws. Law and practice of arbitration and conciliation in nigeria.
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. Arbitration and conciliation act article 39 the fees of the arbitral tribunal shall be reasonable in amount, taking into account the amount in dispute, the complexity of the subjectmatter, the time spent by the arbitrators and any other relevant circumstances of the case. Also, the act ratifies and incorporates the new york convention on the recognition and enforcement of foreign arbitral awards nyc. The reason there is a federal law regulating arbitration is historical.
An act to provide a unified legal frame work for the fair and efficient settlement of commercial disputes by arbitration and conciliation. The main statute regulating the adr process in nigeria is the arbitration and conciliation act, cap. 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. Law to provide for the resolution of disputes by arbitration in lagos state and forconnecfed purposes. Arbitration and conciliation act chapter 18 laws of the federation of nigeria 2004 14th march, 1998 an act to provide a unified legal frame work for the fair and efficient settlement of commercial disputes by arbitration and conciliation. Arbitration and conciliation act cap a18 laws of the federation of nigeria 2004 call for amendment the arbitration agreement. The federal act, the first modern arbitration law in nigeria is a modification of the 1985 united nations commission on.
A18, laws of the federation of nigeria lfn, 2004 hereinafter. The applicable arbitration law in nigeria is the arbitration and conciliation act 1988 laws of the federation of nigeria 2004, cap a18 the aca. Sep 29, 2014 the arbitration and conciliation act, 1988 is currently the applicable law on arbitration and conciliation throughout the federation of nigeria. Arbitration act the nigerian institute of chartered. Jun 11, 2019 the arbitration and conciliation act chapter a18, laws of the federation of nigeria 2004 is the national arbitration law. In 2006, the lagos state enacted its own arbitration law known as the lagos state arbitration law. The arbitration and conciliation act chapter a18, laws of the federation of nigeria 2004 is the national arbitration law. Arbitration has been used formally as a form of dispute resolution in nigeria since the early 20th century.
Arbitration and conciliation act, the parties were, in particular in domestic. It was known as the arbitration and conciliation decree 1988 aca1988 and came into effect on th march, 1988. The principal legislation that governs arbitration is the arbitration and conciliation act 1988 laws of the federation of nigeria 2004 cap a18. The aca is a federal legislation with dual objectives 3 establishing a fair and efficient system for the settlement of commercial disputes by arbitration and conciliation in nigeria.
Every arbitration agreement shall be in writing contained a. For example, there is arbitration and conciliation act amendment bill in the offing, which when passed will definitely contribute to a more efficient commercial arbitration practice in nigeria. The law is an adoption of the uncitral model law on international commercial arbitration 1985. Arbitration and conciliation act nigerian law intellectual. The provision is in pari materia with section 57 arbitration and conciliation act, cap. Moreover, it supersedes any other law on arbitration in nigeria. The act is based on the uncitral model law and incorporates the uncitral arbitration rules. Arbitration and conciliation act laws of the federation. The act knun as the aca governs both domestic and international arbitration proceedings with separate provisions for.
The arbitration and conciliation act was republished as cap. Arbitration and conciliation act cap a18 laws of the. A18, laws of the federation of nigeria, 2004 the aca. Laws of the federation 2004 refers to a statutebacked compilation of the federal laws of nigeria covering all the years before 2004 note. Arbitration law and practice in nigeria papers in the ssrn. The laws of the federation of nigeria were revised and consolidated pursuant to the revised edition laws of the federation of nigeria decree 1990. Generally, the legal framework 1 for arbitration in nigeria is the arbitration and conciliation act aca, 2 and rules made pursuant thereto. The revised edition laws of the federation of nigeria act 2007 enabled effect to be given to the revised edition of the laws of the federation of nigeria 2004, according to its short title.
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. The aca mirrors the uncitral model law and incorporates the uncitral arbitration rules. National arbitration laws is the only resource to provide and compile over 6000 pages of commentary and analysis on arbitration law and practice from over 100 leading authorities form the more than 100 jurisdictions presently included in this work, also included on cd is the full text of the national arbitration laws from all the countries covered in this work for convenient. It superseded the revised edition of the laws of the federation of nigeria 1990. In nigeria, both state and federal laws regulate 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. Conciliation rules an act to provide a unified legal frame work for the fair and efficient settlement of commercial disputes by arbitration and conciliation. Some states have also enacted their own arbitration laws. Lagos chamber of commerce internationial arbitration. The first indigenous statute on arbitration and conciliation was enacted in 1988, by a military decree. A large number of the laws enacted in 2003 were also not included. The arbitration and conciliation act cap a18 laws of the federation of nigeria 2004 aca 2004. Since it was enacted 29 years ago, there have been several important legal developments in arbitration.
The recognition and enforcement of international arbitral. One constituent state, lagos, has enacted more modern arbitration legislation, but there is ongoing controversy as to whether state. It must be noted that not every dispute can be resolved through arbitration. Section 58 of the aca states that the act shall apply throughout the federation. This act is the priory legislation governing the enforcement of arbitration agreements in nigeria. There is, however, some debate as to the constitutionality of this provision as it concerns the national assemblys competence to make laws for the states on.
It provides a unified legal framework for the fair and efficient settlement of domestic and international commercial disputes in nigeria. Before 2004, a lot of juristic ink was poured out calling for the amendment of certain provisions of the act. Chapter a18 laws of the federation of nigeria 2004. Mar, 2019 it superseded the revised edition of the laws of the federation of nigeria 1990. The basic legal requirement of an arbitration agreement under the aca is that an arbitration agreement must be in writing or must be contained in a written document signed by the parties. Nigeria international council for commercial arbitration.