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AN EXAMINATION OF THE SYMBIOTIC RELATIONSHIP BETWEEN ARBITRATION AND THE COURTS IN THE NIGERIAN JUDICIAL SYSTEM
Abstract:
The Nigerian judicial landscape has witnessed a significant evolution in recent years, with alternative dispute resolution mechanisms, particularly arbitration, gaining prominence as a viable means of resolving disputes. This study delves into the intricate interplay between arbitration and the courts in Nigeria, highlighting the symbiotic relationship that exists between these two dispute resolution avenues.
Arbitration, as an alternative to traditional litigation, has steadily gained acceptance and recognition within Nigeria’s legal framework. This research examines the Nigerian Arbitration and Conciliation Act, as well as relevant court decisions and statutes, to provide a comprehensive analysis of the legal framework governing arbitration in the country. It also explores the cultural and societal factors that have contributed to the growth of arbitration as a dispute resolution mechanism.
One of the primary focuses of this study is to investigate how the Nigerian courts have embraced and supported arbitration through the enforcement of arbitration agreements and arbitral awards. The study also scrutinizes the instances in which the courts have intervened in arbitration proceedings, ensuring fairness and adherence to due process.
Furthermore, the research discusses the role of the judiciary in maintaining the integrity of the arbitral process, including addressing issues such as arbitrator impartiality, procedural fairness, and public policy considerations. It evaluates the jurisprudence developed by Nigerian courts in relation to arbitration, shedding light on key principles and precedents that have shaped the landscape of arbitration in Nigeria.
Additionally, this study examines the practical implications of the symbiotic relationship between arbitration and the courts on the efficiency and effectiveness of dispute resolution in Nigeria. It explores the advantages and challenges associated with this relationship, addressing concerns about potential conflicts and the need for a harmonious coexistence.
In conclusion, this research reveals that the relationship between arbitration and the courts in the Nigerian judicial system is symbiotic, where each entity complements the other in the pursuit of efficient and equitable dispute resolution. The findings of this study provide valuable insights for policymakers, legal practitioners, and stakeholders involved in dispute resolution, offering a foundation for further development and enhancement of arbitration practices within Nigeria.
