NIGERIA Law and Practice Contributed by: Tayo Oyetibo LP
Finally, arbitration may not always deliver the antici- pated speed advantages, particularly in complex dis- putes where procedural disputes, jurisdictional chal- lenges or scheduling difficulties arise. Accordingly, while arbitration offers significant bene- fits, parties must carefully weigh these considerations when selecting it as their preferred dispute resolution mechanism. 3.5 Arbitral Institutions The use of institutional arbitration in Nigeria has grown steadily, with a number of local and international arbi- tral institutions playing prominent roles in the admin- istration of disputes. At the domestic level, a widely recognised institution is the Lagos Court of Arbitration (LCA), which pro- vides modern arbitration and mediation services and has established itself as a leading centre for resolving commercial disputes in Nigeria. Similarly, the Regional Centre for International Commercial Arbitration Lagos remains a significant institution, particularly for inter- national commercial arbitration, with established pro- cedural rules and increasing adoption of technology- enabled proceedings. Another notable body is the Chartered Institute of Arbitrators (UK), Nigeria Branch, which, while primar- ily a professional body, frequently plays a role in the appointment of arbitrators and supports the develop- ment of arbitration practice in Nigeria. In addition, the International Chamber of Commerce (ICC) is widely used for high-value and cross-border disputes involving Nigerian parties, given its global reputation, robust procedural framework and enforce- ability advantages. Other international institutions, such as the London Court of International Arbitra- tion (LCIA), are also occasionally utilised, particularly where parties have agreed to a foreign seat or inter- national rules. Overall, while domestic institutions such as the Lagos Court of Arbitration and RCICAL are increasingly prominent, international institutions, particularly the ICC, continue to play a significant role in complex,
high-value and cross-border disputes involving Nige- rian parties. 3.6 Length of Proceedings There is no statutorily prescribed timeframe for the conclusion of arbitral proceedings in Nigeria. The duration of an arbitration is largely dependent on fac- tors such as: • the complexity of the dispute; The legal framework governing arbitration in Nigeria is principally anchored on statute, supplemented by institutional rules and, where applicable, state-specific legislation. The primary legislation is the Arbitration and Media- tion Act 2023 (“AMA”), which represents a modern and comprehensive framework for both domestic and international arbitration. The AMA applies to arbitra- tions where the seat is in Nigeria and incorporates contemporary features aligned with international best practice, including provisions on third-party funding, interim measures and the recognition and enforce- ment of arbitral awards. • the parties’ conduct and cooperation; • the efficiency of the arbitral tribunal; and • the procedural framework adopted. 3.7 Regulation of Arbitration In addition to the federal framework, certain states (most notably Lagos State) have enacted their own arbitration legislation. The Lagos State Arbitration Law 2009 may apply where Lagos is designated as the seat of arbitration and the parties have not expressly agreed otherwise. In practice, however, the AMA now serves as the principal reference point for arbitration proceedings across Nigeria. Arbitral proceedings are also frequently conducted under the rules of recognised arbitral institutions. Prominent among these are the rules of the Lagos Court of Arbitration (LCA) and the Regional Centre for International Commercial Arbitration Lagos. These institutional rules provide detailed procedural guid- ance on the conduct of arbitration, including appoint- ment of arbitrators, timelines, hearings and award issuance.
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