Yemi Candide-Johnson SAN
delivery will be increasingly prompt, efficient and effective.
In Arbitration, disputes are resolved in a matter of weeks, with binding awards enforceable in traditional courts. The thought of being able to resolve complex disputes in court in weeks is almost impossible today. Could arbitration change the way disputes are resolved in Nigeria? Could it become the mainstay for dispute resolution or is there a limit to its effectiveness?
I think that the fast track and commercial courts in Lagos, for example are being operated widely with the ideology of commercial dispute resolution. So long as the right judges, with commercial exposure; intelligence and confidence to innovate and exercise the huge authority at their disposal serve in such courts, then complex disputes can be resolved effectively, efficiently and promptly.
Despite Arbitration’s obvious effectiveness, litigation remains the most used in resolving commercial dispute. Why do you think this remains the case?
I think that this is because of ignorance and lack of exposure from commercial operators and many of their counsel who lack imagination and often the motivation to provide real solutions to business. Lack of ideas leads to this 19th century approach to law practice which sees counsel overwhelming the civil courts with disputes that can be better resolved outside the courts and then dragging themselves through dusty court rooms in pursuit of cases which may go on for ever. It is only the businesses themselves who then suffer.
Laws establishing multiple means of enforcing Arbitral Awards have long since existed but practically with the benefit of your experience, how straightforward is the process of enforcing an arbitral award?
The process is quite clear and simple. The fact is though that when parties have confidence in the competence, independence and impartiality of a tribunal, they will adhere to is decision without the necessity for enforcement. Skill and competence in judging can remove much contentiousness and the task of judging requires that a decider has regard to the confidence of even the losing party. Where judicial enforcement is necessary then Nigerian law, especially the