NIGERIA Law and Practice Contributed by: Olasupo Shasore, Ibukun Fasoro, Tochukwu Amaefule and Michael Chukwu, Africa Law Practice NG & Company
• Arbitrators are appointed following the parties’ agreement or default rules under the AMA. • Arbitrators must disclose any circumstances rais - ing doubts about their impartiality or independ - ence. • Parties may proceed based on documents alone but can request an oral hearing. • The tribunal formally closes proceedings before issuing the award within the required timeframe. 7.3 Powers and Duties of Arbitrators Powers and Duties of Arbitrators under Nigerian Law Arbitrators have a fundamental duty to remain impar - tial and independent throughout the proceedings. They are required to disclose any circumstances that could give rise to justifiable doubts about their impar - tiality or independence. This duty is complemented by the obligation to treat the parties fairly and equally, ensuring that each party has a full opportunity to pre - sent its case. Additionally, arbitrators must conduct the arbitration efficiently, avoiding unnecessary delay or expense, and maintain confidentiality over all mat - ters related to the proceedings, unless the parties agree otherwise. In terms of powers, the AMA grants arbitrators sig - nificant authority to manage the proceedings. This includes determining procedural rules, setting time - lines, deciding on the admissibility and weight of evi - dence, and choosing whether to conduct oral hearings or resolve the dispute on written submissions alone. Arbitrators also have the power to issue interim meas - ures, which can include orders to preserve assets or protect evidence, ensuring that the arbitration remains effective. 7.4 Legal Representatives Representation in Arbitration: Qualifications and Requirements In contrast, in domestic litigation before Nigerian courts, strict requirements apply: legal representation must be by lawyers called to the Nigerian Bar and enrolled to practise. However, these restrictions do not extend to arbitration. Under the AMA, there are no mandatory requirements that restrict representation solely to lawyers qualified
to practise in Nigeria. As a result, parties to an arbitra - tion seated in Nigeria may choose representatives who are not locally qualified. This means foreign-qualified lawyers or technical experts may appear as counsel or representatives, provided the parties agree. 8. Evidence 8.1 Collection and Submission of Evidence In Nigeria, arbitration practice reflects a balance between flexibility and procedural structure when it comes to collecting and submitting evidence, both at At the outset, parties typically exchange statements of claim and defence accompanied by supporting documents. Nigerian arbitration does not follow the broad, court-like discovery process common in some jurisdictions. Instead, it relies on a disclosure model shaped by party agreement or institutional rules, with parties often submitting only those documents they intend to rely on or that are requested by the tribunal upon a reasoned application by the opposing side. Use of Witness Statements and Cross-Examination It is common practice for evidence-in-chief to be pre - sented in writing through detailed witness statements filed with pleadings or shortly afterwards. During the oral hearing, these witnesses may be subject to cross- examination and, if necessary, re-examination. Expert Evidence Expert evidence may also be presented through writ - ten reports, and experts may be cross-examined at the hearing. Parties sometimes appoint their own experts, or the tribunal may appoint an independent Under Nigerian arbitration practice, the principle that evidence which would be privileged before the courts remains privileged in arbitration is generally upheld. The tribunal has discretion to determine the admis - sibility, relevance, materiality and weight of any evi - dence. the pleading stage and during hearings. Pleadings and Document Disclosure expert if the issues require it. Privilege and Admissibility
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