NIGERIA Trends and Developments Contributed by: Muyiwa Ogungbenro and Daniel Adegbamigbe, Olajide Oyewole LLP (DLA Piper Africa, Nigeria)
Implementation and Conclusion The Policy is set to be implemented over five years, and would thereafter be reviewed based on the evolv- ing and prevailing global trends in arbitration and ADR. The Policy represents a significant step towards enhancing the efficiency and attractiveness of Nige - ria’s dispute resolution framework, particularly in the realm of arbitration. By addressing key challenges such as slow judicial processes, high costs and lack of enforcement mechanisms, the Policy aims to cre - ate a more conducive environment for both domestic and international commercial disputes. The focus on developing institutional capacity, offering flexibility in arbitration clause drafting, and establishing special - ised procedures for small claims disputes demon - strates Nigeria’s commitment to aligning with global best practices in arbitration and ADR. However, certain aspects of the Policy – particularly the framework for small claims arbitration – raise con - cerns about the potential blurring of lines between
arbitration and court processes. While the Policy’s intention to provide a cost-effective, timely and less complex dispute resolution mechanism is commend - able, it must ensure that the essence of arbitration, voluntary participation, party autonomy and finality of decisions remains intact. Moving forward, it is crucial that the Policy be refined to preserve the distinct fea - tures of arbitration, while fostering a judicial environ - ment that supports, rather than overrides, the princi - ples of arbitration and ADR. Ultimately, if fully implemented and refined, the Policy has the potential to transform Nigeria into a leading arbitration hub in Africa, attracting international inves - tors and enhancing the country’s global commercial standing. The continued collaboration between the judiciary, legal practitioners, and stakeholders will be essential in ensuring that the Policy’s objectives are met in a manner that upholds the integrity and ben - efits of arbitration as a preferred dispute resolution mechanism.
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