ADR II - Arbitration, MDCH & ODR

- PART I: Arbitration Foundation -

What is Arbitration

Arbitration is a special branch of the alternative dispute resolution process. It possesses some attributes of litigation but its informality and voluntariness still qualify it as ADR.

It is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute.

Laws Governing Arbitration in Nigeria

Source	Authority
Common Law & Doctrines of Equity	Default fillers where statute is silent
Arbitration and Mediation Act 2023 (AMA)	Principal law in Nigeria - NOT a complete code; lacunae filled by common law, equity, trade usages
Arbitration Rules	First Schedule to the AMA
Lagos State Arbitration Law 2009 (LSAL)	Applies to all arbitrations arising in Lagos State, except where parties stipulate another law
High Court Rules	Contain provisions on arbitration

Arbitrable vs Non-Arbitrable Matters

Arbitrable	Non-Arbitrable
Breach of contract Torts Compensation Matrimonial causes ancillary matters (e.g. division of property)	Criminal matters Disputes involving interpretation of the Constitution or other statutes Indictment for an offence of a public nature Disputes from an illegal contract Disputes arising under gaming/wagering agreements Disputes leading to change of status (e.g. divorce)