Dike Onwuamaeze
The Nigerian Institute of Chartered Arbitrators (NICArb) has called for a federal law that would harmonise legislations by state governments on arbitration in order to grant such laws wider national application.
The NICArb made the statement in a communiqué at the end of its, 2021 annual conference and investiture award ceremony with the theme: “Disruption and The New Normal in Arbitration/ADR- A Way Forward.”
The communiqué issued by the Registrar/Chief Executive Officer of NICArb, Shola Oshodi-John, identified the need for statutory reform of the Arbitration and Conciliation Act (ACA), with the specific goal of narrowing the scope of the courts’ intervention in the arbitration process.
It said: “There is a need for statutory reform to the ACA with the specific aim of narrowing the scope of courts’ intervention in the arbitration process.
“Even though the most recent arbitration statute in Nigeria, the arbitration law of Lagos State 2009, has attempted to address some of the challenges encountered in the enforcement of foreign arbitral awards in Nigeria, it is only applicable in Lagos State.
“Other recommendations on enforcement of arbitral awards are the enactment of uniform rules of court for arbitration across the country; as well as legislative action that will harmonise the limitation on laws enacted by state governments.”
It also called for, “compulsory training in arbitration for lawyers and judges starting from law school and making it compulsory continuing legal education for both lawyers and judges.”
The communiqué stated that the emergence of Lagos State as a hub for arbitration processes both internationally and domestically would enhance investors’ confidence and boost investment and investor’s confidence.
“The Lagos State government has intensified efforts to make Lagos State a hub for arbitration processes both internationally and domestic. This will assist to guarantee investors that their investments are safe and guided by the rule of law and by so doing, boost investment and investor’s confidence.
“Unlike litigation, arbitration presents a new frontier in today’s evolving world and this represents the future which Lagos State has embraced and as theme of the conference shows, we are in the new normal which shows that potential technology is not destructive to the rule of law but an enabler to increase access to justice.”
The NICArb also observed the need to pay attention to digital evidence by making the rules and process of arbitration in Nigeria to conform to the emerging digitalisation of economy.
It added: “There is a need to understand the underlying concept of the digital economy and there are certain types of technology that go beyond the digital technology such as artificial intelligence, block chain, cloud computing and peak data. Those four things are changing the dynamics of the economy and dispute resolution must adapt to this change.
“The future of arbitration and the future of the world are remote, decentralised and digital. This means there is a fusion for in person and virtual experience referred to as a hybrid and that is the future of arbitration proceedings.”
It, therefore, added that the, “rules applicable to arbitration in Nigeria needs to pay attention to digital evidence itself because when platforms for commercial activity changes and everything literally becomes digital, it would shape the future.
“From this point on, evidence and all that comes to the arbitration platform will change such as how to gather evidence, preserve evidence and present evidence.”
The communiqué also stated that the African Continental Free Trade Agreement (AfCFTA) would provide another opportunity and huge prospect for arbitration and other ADR practitioners to take the centre stage and ensure dispute settlement among state parties are resolved with efficient, rule based transparent approach and promoting virtual proceeding is definitely the way to go despite the complexities of such cases.
“The NICArb’s global network and indeed that of other African countries means that it can develop and implement localised strategies for meeting these goals. Working collectively these countries can accomplish each of these strategies, aims and continue its rightful place as the world class certification and professional body for dispute avoidance and management.”
