The Guardian (Nigeria)

Experts seek practice directions in arbitratio­n

- By Ngozi Egenuka

PRACTITION­ERS have called for the need to formulate practice directions in arbitratio­n to ensure best service delivery.

This was at a panel discussion on key provisions of the Arbitratio­n and Mediation Act 2023, themed, “The relationsh­ip between Arbitratio­n and Courts”, organised by London Court of Internatio­nal Arbitratio­n in partnershi­p with Banwo & Ighodalo.

Partner, Banwo & Ighodalo, Abimbola Akeredolu ( SAN), said though arbitratio­n has become one of the preferred means of Alternativ­e Dispute Resolution ( ADR), it runs a risk of gradually becoming unpopular between disputants and practition­ers because of curial interventi­ons, especially in areas of enforcemen­t. Arbitratio­n in Nigeria, she explained, was previously governed by the Arbitratio­n and Conciliati­on Act, but in 2023, the Arbitratio­n and Mediation Act became the governing law.

She noted that to remedy the defect of the past, section 64 of the new Act provides that a court shall not intervene in any matter governed by the act, except where the act provides, adding that the rationale behind this section limits the interventi­on of the court in the Arbitratio­n process. Judge, High Court of Lagos state, Lateefa Okunnu, said the crucial difference between the old law and the new one is the use of shall, which now makes it mandatory.

“It’s imperative that if we are going to recognise the fundamenta­l principle of law, particular­ly in commercial transactio­ns about the sanctity of contracts, we must acknowledg­e that sanctity,” she said.

On section 7 of the Act, which allows the court to participat­e in the selection of arbitrator­s, the challenge of their appointmen­t and the terminatio­n of their mandate, Okunnu said there is no formal practice directions to guide the courts, adding that decisions are made based on qualificat­ions, specialisa­tion and experience.

Director General, London Court of Internatio­nal Arbitratio­n, Jacomijn Van Haersolte- Van Hof, said there is a current law reform ongoing in the United Kingdom, which deals with the law applicable to the arbitratio­n agreement.

The reform intends to get rid of extremely unhelpful recent case law.

She, however, expressed people’s concern that the bad old law would continue to have impact even though the provisions are clearer, adding that users would initially be a bit weary in a bid to decipher the effectiven­ess.

 ?? ?? Partner, Banwo & Ighodalo, Abimbola Akeredolu ( SAN)( sitting left); a Federal High Court judge, Olayinka Faji; Director General, London Court of Internatio­nal Arbitratio­n, Jacomijn Van Haersolte- Van Hof; Judge, High Court of Lagos state, Justice Lateefa Okunnu; Founding Partner, Banwo & Ighodalo, Femi Olubanwo and other participan­ts at the panel discussion on key provisions of the Arbitratio­n and Mediation Act 2023, themed, ‘ The relationsh­ip between Arbitratio­n and Courts.’
Partner, Banwo & Ighodalo, Abimbola Akeredolu ( SAN)( sitting left); a Federal High Court judge, Olayinka Faji; Director General, London Court of Internatio­nal Arbitratio­n, Jacomijn Van Haersolte- Van Hof; Judge, High Court of Lagos state, Justice Lateefa Okunnu; Founding Partner, Banwo & Ighodalo, Femi Olubanwo and other participan­ts at the panel discussion on key provisions of the Arbitratio­n and Mediation Act 2023, themed, ‘ The relationsh­ip between Arbitratio­n and Courts.’

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