NIGERIA Law and Practice Contributed by: Olasupo Shasore, Mofiyinfoluwa Enitan, Ibukun Fasoro and Bamidele Ikusika, Africa Law Practice NG & Company
7. Procedure 7.1 Governing Rules National Legislation The AMA regulates matters such as: • composition of the tribunal; • conduct of proceedings; • powers of the tribunal (including interim measures and emergency arbitrators); • recognition and enforcement of awards; and • setting aside and challenging awards. Party Autonomy, Institutional Rules and Institutional Guidance Beyond the national legislation, parties enjoy broad autonomy to determine procedural rules. Frequently, parties choose to incorporate into their arbitration agreements the rules of established arbitral institu - tions. In practice, many arbitrations seated in Nigeria follow institutional rules to promote procedural pre - dictability, efficiency, and neutrality. However, ad hoc arbitrations are still common, especially where parties prefer to avoid administrative costs associated with institutions. 7.2 Procedural Steps Procedural Steps Required by Law in Nigerian- Seated Arbitrations The AMA requires certain minimum procedural steps (which are determined depending on the nature, com - plexity and context of each dispute) to safeguard fair - ness and due process such as the following. • Proceedings start when the claimant serves a written notice stating the claim, relief sought, and arbitration agreement. • The arbitral tribunal is constituted, either in accord - ance with the parties’ agreement or, failing that, by the court or a designated appointing authority. • Both parties must have a full and equal chance to present their case, and this right cannot be waived. • The tribunal sets deadlines for detailed submis - sions of facts, arguments, and evidence by both sides. • 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
660 CHAMBERS.COM
Powered by FlippingBook