1. INTRODUCTION
Over time, litigation has been the main mode of dispute resolution between parties in Nigeria. For this reason, the courts in Nigeria have become highly congested with several cases lingering for years without final resolution. In order to bring in a breadth of fresh air by decongesting the courts, encouraging amicable settlement of disputes, Alternative Dispute Resolution became necessary.
This led to the enactment of the Arbitration and Conciliation Act, 1988 ("the 1988 Act") which made provisions for the carrying out of arbitration and conciliation in Nigeria as some of the mechanisms for Alternative Dispute Resolution, and to bring Nigeria in line with international best practices for arbitration and conciliation across the globe. The 1988 Act became the primary legislation governing arbitration in Nigeria and was modelled after the UNCITRAL Model Law on International Commercial Arbitration (1985). The enactment of the 1988 Act led to an increase in the use of the arbitration process to resolve commercial disputes. This surge is a result of the disenchantment with the slow pace of the litigation process. The normal court system in Nigeria is notorious for being inefficient in resolving complex commercial disputes because of the overwhelming number of cases in the courts, coupled with the dearth of judges handling such matters. Sequel to criticisms that trailed its operation for over three decades, the 1988 Act was finally repealed and replaced with the Arbitration and Mediation Act 2023 ("the 2023 Act" or "the Act") following the assent of former President Muhammadu Buhari on 26th of May 2023.
The 2023 Act, according to its explanatory memorandum, provides a unified legal framework for the fair and efficient settlement of commercial disputes by arbitration and mediation.1 It also makes relevant the Convention on the Recognition and Enforcement of Foreign Arbitral Awards to awards made or in any contracting state emanating from international commercial arbitration.2 The AMA 2023 offers a rehabilitated and modern legal approach to entities that seek to arbitrate their commercial disputes in Nigeria.3 It also addresses the complexities and evolving needs of arbitration and mediation in the country by aligning Nigeria's arbitral and mediation practices with international standards.4
The Act contains a number of brand-new provisions aimed at improving the process of settling disputes in Nigeria. This article is an overview of the 2023 Act and examines some of the new provisions introduced in the Act, which notably reshape the existing legislative framework on arbitration, while also introducing, a framework for mediation.5 The article also draws similarities between the AMA 2023 and international standards on arbitration and mediation, thereby charting a new course in the Nigerian alternative dispute resolution practice.
2. MEANING OF ARBITRATION
According to Black's Law Dictionary,6 Arbitration means a dispute resolution process in which the disputing parties choose one or more neutral third parties to make a final and binding decision resolving their dispute. According to P. H. Soper,7 arbitration could be a method for the settlement of disputes and differences between two or more parties, whereby such disputes are submitted to the decision of one or more persons specially nominated for the purpose, either instead of having recourse to an action at law, or by order of the court after such action has been commenced. Statutorily, section 91 of the Act defines arbitration to mean a commercial arbitration, whether or not administered by a permanent arbitral institution.
Arbitration could also mean a process where a dispute is submitted by agreement of the parties involved to one or more arbitrators who make a binding decision on the dispute. In most cases, arbitration clauses are often written into commercial contractual terms that they have entered into. Once the parties to such a contract decide to go to arbitration, the process moves swiftly. This is one of the key benefits of arbitration over litigation. The process of arbitration in Nigeria is cheaper, effective, flexible, less technical and confidential. It also allows individuals to represent themselves, although they are allowed to have legal representation.
3. MEANING OF MEDIATION
Mediation, according to Black's Law Dictionary,8 is a method of non-binding dispute resolution involving a neutral third party who tries to help the disputing parties reach a mutually agreeable solution. By section 91 of the Act, a mediation means a process whether referred to by the expression mediation, conciliation or an expression of similar import, where parties request a third person (the mediator) to assist them in their attempt to reach an amicable settlement of their dispute arising out of or relating to a contractual or other legal relationship but the mediator does not have the authority to impose upon the parties a solution to the dispute.
The enactment of the 2023 Act has made mediation one of the Alternative Dispute Resolution mechanisms more effective in amicable resolution of disputes between parties. Mediation under the Act could be international commercial mediation, domestic commercial mediation, domestic civil mediation, domestic and international settlement agreements resulting from mediation, and concluded in writing by parties to resolve a commercial dispute, and in the event the parties have written agreement to mediation before recourse to court in settling disputes between them.9
4. HIGHLIGHTS OF THE OUTSTANDING PROVISIONS OF ARBITRATION AND MEDIATION ACT (AMA) 2023.
The 2023 Act is divided into three (3) parts with a total of ninety-two (92) sections and three (3) schedules. Some of the new features introduced in the Act aimed at the resolution of disputes in Nigeria through arbitration and Mediation include the objective of the Act, award review tribunal, emergency tribunal, third party funding, interim measures and their enforcement, number of arbitrators, joinder and consolidation of parties, provisions on mediation, the statute of limitation, immunity of arbitrators, stay of court proceedings, enforcement of arbitration awards, electronic communication etc. These features will be discussed in seriatim. Some of these elaborate provisions aimed at improving alternative dispute resolution in Nigeria through the mechanisms of arbitration and mediation are discussed below:
i. Objective of the Act
The AMA 2023 provides for the objective of the Act, which is to promote a fair resolution of disputes by an impartial tribunal devoid of unnecessary delay or expense.10 This appears to be an improvement compared to the repealed Arbitration and Conciliation Act, as it was not provided therein. Again, the provision also accords with the modern legislative technique and procedure of making laws. The objective clause usually commences a piece of legislation, stating its main intention as well as application.11
ii. Award Review Tribunal
The AMA 2023 provides for an optional recourse for parties to have the award reviewed by an Award Review Tribunal ("ART")12 for arbitral proceedings seated in Nigeria. This, however, requires the parties to have provided in their arbitration agreement for an application to the ART for a review of an arbitral award.13 Hence, if parties choose the ART option in their arbitration agreement, either party is allowed to challenge the award before this specially set up tribunal, after which a decision will be rendered in the form of an award.
The Act also stipulates that the party challenging the arbitral award is permitted to couch its challenge on any of the 9 grounds stated in the Act.14 It is important to note here that the grounds stipulated under the AMA 2023 are identical to the grounds contained in the UNCITRAL Model Law (2006) for setting aside awards.15 Furthermore, the grounds are also in line with the internationally accepted grounds for refusing enforcement under the Convention ("New York Convention").16
The ART has the liberty to annul an award rendered by an arbitral tribunal based on limited grounds. The tribunal is also constituted in the same manner as the initial tribunal. It however, operates as a central layer between the tribunal and the Nigerian court. The Act further mandates the ART to render its decision within 60 days of its constitution. In the event that the tribunal annuls an award, either in whole or part, the court may reinstate the award (or part thereof) upon a party's application if it is of the view that the decision of the tribunal is unsupportable. Nevertheless, where the tribunal upholds the validity of an award, the court can only annul the award on grounds of non-arbitrability and public policy.17
This provision has created an appeal segment of the arbitration and mediation process in Nigeria. The implication is that any party who feels discontented with the award of the tribunal can appeal the matter to the Award Review tribunal to look at the decision of the tribunal of first instance. By this provision therefore, the constitutional right of appeal of the concerned parties to an arbitration has been given an effect and preserved.
iii. Emergency Arbitration:
The AMA 2023 makes provision for the appointment of an emergency arbitrator for a party requiring urgent relief..18 The method for the appointment entails the party in need of urgent relief pursuant to a dispute, submitting an application for the appointment to an arbitral institution appointed by the parties or failing such appointment, to a court, either in company with or following the filing of a notice of arbitration, but before the composition of the arbitral tribunal.19 Where the application is granted, the arbitral institution or court shall appoint the emergency arbitrator within two business days after the receipt of the application.
The decisions from such emergency proceedings are binding and enforceable by parties pending the final decision from the arbitral tribunal, failure to comply by one party gives the other party the liberty to enforce the decision by way of an application to the Nigerian courts.20 However, the decision is not binding on the arbitral tribunal, as the arbitral tribunal can alter or terminate the verdict of the emergency arbitrator in part or its entirety.21 It is important to note that although the provision for emergency arbitration under the AMA 2023 is uncommon for Nigerian legislation, it is, however, in line with some provisions contained in governmental arbitration rules, namely: the International Chamber of Commerce, the Singapore International Arbitration Center, and the London Court of International Arbitration (LCIA).22
The Act has succeeded in making provision for an injunctive relief obtainable in litigation. The essence of which is to protect the subject matter. This also restrains the parties from taking the laws into their hands prior to the constitution of the arbitral tribunal.
iv. Third-Party Funding:
The AMA 2023 legitimises third-party funding ("TPF") and provides that the Maintenance and Champerty Torts does not apply to third-party funding of arbitrations which take place in Nigeria and related to any court proceedings within Nigeria.23
TPF is a system whereby funding is provided by a commercial funder for a party to strive towards reliefs in arbitration as exchange for a portion of the potential damages awarded. The beneficiary of a TPF funding under the Act is mandated to divulge the actuality of the TPF arrangement to the other party, the tribunal and the arbitration institution.24 Furthermore, the Act also mandates the party to disclose the details (name and registered address) of the funder, such disclosure shall be made at the start of the arbitration or straight after the signing of the funding agreement.25
It is important to note that the provision for TPF makes Nigeria the third jurisdiction globally where TPF for arbitration is expressly provided for by statute, the other jurisdictions being Singapore and Hong Kong.26 The Funder may either be a legal or natural person who is not a party to the dispute.
v. Interim Measures and their Enforcement:
A party is permitted to seek the recognition and enforcement of interim measures in the same way as it would an award27 under the AMA 2023. The Act defines an interim measure as any "temporary measure" that orders a party to: (a) maintain or restore the status quo pending determination of the dispute; (b) take action that would prevent harm or prejudice to the arbitral process; (c) provide a means of preserving assets; or (d) preserve evidence.28
Furthermore, the Act grants an arbitral tribunal the power to approve interim measures when requested by a party and lays down a clear structure for its enforcement. The verdict of the tribunal on interim measures is binding on the parties, and a party is at liberty to approach the court by an application for enforcement.29
vi. Number of Arbitrators:
Under the AMA 2023, the default number of arbitrators has been reduced from three to one.30 In the event that a sole arbitrator cannot be agreed on by all the parties, the non-defaulting party may apply to the court, or any arbitral institution in Nigeria for appointment of an arbitrator to be made.31
This provision under the Act is commendable as it is in line with global practices as reflected in the UNCITRAL law.32 Another positive impact of this provision is that it reduces cost for domestic arbitrations in the sense that parties no longer have to bear the expenses of paying three arbitrators.
In the case of mediation, the Act requires one mediator to be appointed except in the circumstance where parties to mediation agree to engage the services of two mediators or more. When reaching an agreement on the appointment of more than one mediator, parties may seek the assistance of the mediation provider.33
vii. Joinder and Consolidation of Parties:
The Act stipulates that parties are at liberty to either agree to integrate arbitral proceedings or to hold concurrent hearings.34 However, the arbitral tribunal is only permitted to make an order to conduct concurrent hearings or to consolidate the proceedings where such an order is agreed to by the parties.35
Furthermore, the Act provides for the power of an arbitral tribunal to permit the joinder of necessary parties to the arbitration, with the caveat that, the additional party agrees to be bound by the underlying arbitration agreement..36
This provision under the AMA 2023 is commendable as it makes alternative dispute resolution through arbitration more time-saving, cost-effective and efficient.
viii. Provisions on Mediation:
Mediation is defined under the Act as the process where parties seek the assistance of a neutral third party ("the mediator") to help them in reaching a mutually agreeable resolution for their dispute arising from a contractual or legal relationship, but the mediator does not have the authority to impose upon the parties a solution to the dispute. 37 This definition is also applicable to conciliation or an expression of similar import.38
Furthermore, the Act recognises mediation and makes provision for a significant and detailed structure for both domestic and international commercial mediation. It also makes provision for agreement settlements emerging from mediation.39
This is a step forward in the Nigerian Alternative Dispute Resolution Practice, as the repealed Arbitration and Conciliation Act had no tailored provision for mediation. In fact, before the AMA 2023, there was no existing legal solution for mediation as a way of alternative dispute resolution mechanism in Nigeria. This provision expands the mediation practice and gives better visibility to mediation proceedings in Nigeria.
ix. Statute of Limitation:
The AMA 2023 makes it clear that the implementation of the award limitation period does not include the time between the commencement of the arbitration and the date of the award..40 The Act also states that the running of the limitation period in respect to the claim that is the subject matter of a mediation is suspended pending the termination of the mediation proceedings without a settlement agreement.41
This provision is commendable as it gives parties to mediation and arbitration ample time to resolve their dispute without the fear or worry of their course of action being statute-barred.
x. Immunity of an Arbitrator:
The AMA 2023 advances and grants immunity to an arbitrator, an appointing authority, or an arbitral institution in performing their duties..42 The hallmark of this immunity is to encourage the arbitrators to discharge their duties without fear or favour and to encourage a just dispensation of justice. However, this immunity does not cover an arbitrator proven to have acted in bad faith.43 Furthermore, the immunity does not cover arbitrators from any consequences arising from their withdrawal.44
This provision affords arbitrators, like litigators, safeguard under the law while executing their responsibilities, curbing concerns of potential liabilities.
Similarly, the mediators and mediation providers are also immuned from incurring liability from any act done or omitted to have been done in the course of discharging their duties as mediators or mediation providers, save where they acted mala fide. This gives the mediators the leverage to perform their duties without any form of favouritism.45
xi. Stay of Court Proceedings:
The AMA 2023 stipulates that "a Nigerian court before which a dispute which is subject to an arbitration agreement is brought shall, if any of the parties' requests not later than when submitting their first statement on the substance of the dispute, refer the parties to arbitration unless it finds that the arbitration agreement is void, inoperative or incapable of being performed."46
xii. Continuity of Proceedings:
The AMA 2023 provides that an arbitration shall not be invalid by reason of the death of any of the parties neither shall the authority of the arbitrator to act in arbitration proceedings be revoked by the death or bankruptcy of the party by whom he was appointed.47 This particular provision therefore encourages continuity of proceedings since it is only on the death of the arbitrator that his authority is revoked unlike in the case of the repealed Act where the death of the appointing party revoked the authority of the Arbitrator.
xiii. Limitation period:
The AMA 2023 provides that at the commencement of a mediation proceeding, the running of the limitation period regarding the claim that is the subject of the mediation is suspended. The Act further provides that where the mediation proceedings have terminated without a settlement agreement, the limitation period resumes running from the time or day the mediation ended without a settlement agreement.48
xiv. Conduct of Mediation:
The AMA 2023 clearly provides that in conducting mediation proceedings, parties to such mediation are free to agree on the rules that would be applicable and the parties are duty bound to attend the mediation proceedings and effectively participate in such proceedings in good faith.49
Where the disputing parties fail to agree on the applicable rules in the mediation proceedings, the mediator is free to conduct the mediation in a manner he or she deems appropriate considering greatly the circumstances of the dispute and speedy resolution of disputes.50 The basis of this is to ensure the purpose of amicable settlement of dispute is not defeated by actions of the parties.
The mediator in conducting the mediation is duty bound to ensure that fair treatment is maintained amongst the parties and shall take into consideration the circumstances of the matter between the parties.51
It is important to state here that the mediator should put into consideration the possibility of virtual mediation session if agreed by both disputing parties.52 This is in line with the benefit of convenience in resolving disputes which alternative dispute resolution offers over litigation.
Unlike in arbitration, at any stage of the mediation proceedings, the mediator in agreement with the disputing parties may make settlement proposal but cannot impose a settlement on the disputing parties and such settlement proposal to be made by the mediator may be on what he feels appropriate in line with the parties' proposals before him.53
xv. Bindingness of the Mediation Settlement Agreement
Just like arbitration, settlement agreements arising from mediation proceedings have binding force on the disputing parties and enforceable in the court of law just as contractual agreement. The AMA 2023 provides that where parties conclude an agreement settling a dispute, the mediator shall participate in the preparation and drafting of the settlement agreement and such agreement resulting from the mediation is binding on the parties and enforceable in court as contract, consent judgement or consent award.54
xvi. Disclosure of information
The AMA 2023 provides that the mediator has the liberty to disclose the substance of any information concerning the dispute which he received from any of the party to another party but when a party gives any information to the mediator, subject to a specific condition that it be kept confidential, that information may not be disclosed to any other party to the mediation.55
xvii. Communication between mediator and parties
The AMA 2023 gives the mediator the latitude to either meet or communicate with the parties together or with each of them separately as the mediator considers necessary.56
5. THE ARBITRATION MEDIATION ACT 2023: CHARTING A NEW COURSE IN ARBITRATION IN NIGERIA.
The AMA 2023 contains some innovative provisions part of which have been discussed above. It provides for a framework embedded in the statute for mediation and for the enforcement of settlement agreements in Nigeria and is certainly going to attract considerable interest in arbitration in Nigeria. It completely removes conciliation from the Act and domesticates the United Nations Convention on International Settlement Resulting from Mediation (Singapore Convention on Mediation).57 In other words, the provisions of the Singapore Convention on Mediation are now applicable in Nigeria, and applicable to international settlements agreements made in a foreign country.58
The provision for TPF under the AMA 2023 significantly expands access to justice, and in turn reduces systemic inequalities in the legal system. The existence of TPF under the Act makes Nigeria one of the only three countries that adopts a non-restrictive statutory framework for TPF in international arbitration,59 the other countries being Singapore and Hong Kong.
Furthermore, the provision for an ART under the AMA 2023 is innovative, with the closest in international practice being the ad hoc Committee under the ICSID annulment procedure ('the Committee").60 Identical to the Committee, the ART can annul an award given by a tribunal hinged on limited grounds.61
The Act marks a significant milestone in the promotion and development of arbitration and mediation process in Nigeria. It holds the power to revolutionize the dispute resolution landscape in Nigeria, offering the prospect of more efficient, cost-effective and expedition process. The Act addresses the challenges faced by parties in realizing the benefits of their awards which were the major short comings of the repealed Act.
Also, the provision and enforcement for interim measures under the Act is a formidable equipment for international arbitration that seeks to protect the parties' interests while awaiting the settlement of their disputes. These provisions are in line and reflects those in the UNCITRAL Model Law (2006) and also identical to the standards embraced by a number of arbitration-accommodating jurisdictions in the world.62
6. IMPROVABLE PROVISIONS OF THE ARBITRATION AND MEDIATION ACT 2023
By the foregoing, it is evident that the AMA 2023 ushered in some novel and innovative provisions aimed at developing international commercial arbitration in Nigeria, thereby strengthening Nigeria's stance and reputation as a dispute resolution hub. Its elimination of conciliation is a much-welcomed development, as mediation has gained much popularity over the years. However, it is germane to note that the AMA 2023 has a few drawbacks which must be mentioned in this article.
One of such concerns is that the AMA 2023 is silent on the position of legal representatives in the mediation process.63 The Act ought to have specifically provided for the right of a party to either represent themselves or to have a legal representative in a mediation proceeding to accord with a party's fundamental right to a fair hearing as guaranteed in the constitution.64 Secondly, the Act fails to provide sufficient guidance on the arbitrability of tax and tax-related disputes.65 Also, while the suspension of the limitation period during Mediation proceedings is a good innovation, it is subject to abuse by a party who may deliberately employ delay tactics in order to delay justice. Lastly, although the initiation of the ART as an opt-in mechanism where parties can voluntarily agree to subject an award to further review is commendable, it can also be seen as a drawback because of the already existing delays in the enforcement of awards.66 This is due to the failure of the additional layer to limit judicial intervention. Hence, it may not offer a substantial benefit to arbitration.
7. CONCLUSION.
The AMA 2023 ushers in a breadth of fresh air for arbitration and mediation. This marks a significant development in international commercial arbitration in Nigeria. It shows Nigeria's strong devotion to building-up its reputation and reflects global best practices in international arbitration as adopted by leading arbitration jurisdictions and arbitral institutions. With the growing desire for arbitration in Nigeria and across Africa, the Act increases Nigeria's attractiveness as a dispute resolution hub and strengthens its reputation as one of the preferred seats for international arbitration in Africa.67
All the highlighted provisions under the AMA 2023 provide for a strong new legal structure for arbitration and mediation in Nigeria and can only lead to hope and positivity for the future.
Footnotes
* Charity Ayooluwa Olaifa is a Managing Associate at Alliance Law Firm, Lagos, Nigeria, while Simbiat Okwilague and Celestine Ogbonnaya are Executive Associate and Associate respectively at the same firm.
1. Arbitration and Mediation Act, 2023
2. Ibid.
3. Elizabeth Oger-Gross, Tolu Obamuroh, Tania Singla, 'New Arbitration Regime Comes into Force in Nigeria', White & Case, 21 June 2023, https://www.whitecase.com/insight-alert/new-arbitration-regime-comes-force-nigeria accessed on the 15th February, 2024.
4. Abayomi Okubote, 'A New Era for Arbitration in Nigeria: The Arbitration and Mediation Act 2023', Afronomics Law, July 24 2023, https://www.afronomicslaw.org/category/analysis/new-era-arbitration-nigeria-arbitration-and-mediation-act-2023 accessed on the 15th February, 2024.
5. Adewale Atake, SAN, Godwin Omoaka, SAN, Stanley Nweke-Eze, 'Nigerian Arbitration and Mediation Bill 2022', Templars Legislative Watch, 1 June 2022, https://www.templars-law.com/app/uploads/2022/06/20220528-Analysis-of-the-Arbitration-and-Mediation-Bill-54-003-SUN.pdf accessed on the 15th February, 2024.
6. Bryan A. Garner, Black's Law Dictionary. 10th Ed. (
7. P.H Soper, A Treatise on the Law and Practice ofArbitrations and Awards. 5th Ed. (Lawrence Publishers, 1935) 25.
8. Bryan A. Garner, Black's Law Dictionary. 10th Ed. (
9. Section 67(1) of Arbitration and Mediation Act 2023.
10. Section 1 of the Arbitration and Mediation Act 2023.
11. Constantin Stefanou and Helen Xanthaki, "Drafting Legislation: a modern Approach" (2018)
12. Section 56 of the Arbitration and Mediation Act 2023.
13. Section 56(1) of the Arbitration and Mediation Act 2023.
14. Section 55(3) of the Arbitration and Mediation Act 2023.
15. Section 34(2) UNCITRAL Model Law 2006.
16. Article V (1) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 ("New York Convention").
17. Sections 56(9) and 55(3)(b)(i) & (ii) of the Arbitration and Mediation Act 2023.
18. Section 16 and 27(2) of the Arbitration and Mediation Act 2023.
19. Ibid.
20. Article 27(6), First Schedule, Arbitration and Mediation Act 2023
21. Article 27(10), First Schedule, ibid.
22. Elizabeth Oger-Gross, Tolu Obamuroh, Tania Singla, 'New Arbitration Regime Comes into Force in Nigeria', White & Case.
23. Section 62 of the Arbitration and Mediation Act 2023.
24. Ibid Section 62(1),
25. Ibid Section 62(2),
26. Elizabeth Oger-Gross, Tolu Obamuroh, Tania Singla, 'New Arbitration Regime Comes into Force in Nigeria', White & Case, 21 June 2023, https://www.whitecase.com/insight-alert/new-arbitration-regime-comes-force-nigeria accessed on the 15th February, 2024. Accessed on 15th February, 2024.
27. Section 28 of the Arbitration and Mediation Act 2023.
28. Section 20(2), ibid.
29. Section 28(1), ibid.
30. Section 6(2), ibid.
31. Section 7(3), ibid.
32. Laura Alakija, 'Nigeria's New Arbitration Act: What you Need to Know', Kluwer Arbitration Blog, June 25 2023, https://arbitrationblog.kluwerarbitration.com/2023/06/25/nigerias-new-arbitration-act-what-you-need-to-know/ accessed on the 15th February, 2024.
33. Section 72 of the Arbitration and Mediation Act 2023.
34. Section 39(1) of the Arbitration and Mediation Act 2023.
35. Section 39(2), ibid.
36. Section 40, ibid.
37. Section 91(1) of the Arbitration and Mediation Act 2023.
38. Ibid.
39. Part II of the Arbitration and Mediation Act 2023. See sections 67-87.
40. Section 34 of the Arbitration and Mediation Act 2023.
41. Section 71, ibid.
42. Section 13, ibid.
43. Section 13(1), ibid,
44. Section 13(3), ibid.
45. Section 81 of Arbitration and Mediation Act 2023.
46. Section 5, ibid.
47. Section 4 of the Arbitration and Mediation Act 2023
48. Section 71 of the Arbitration and Mediation Act 2023
49. Section 73(1) of the Arbitration and Mediation Act 2023.
50. Section 73(2) ibid.
51. Section 73(3) ibid
52. Section 73(5) ibid
53. Section 73(6) ibid
54. Section 82 of the Arbitration and Mediation Act 2023
55. Section 75 of the Arbitration and Mediation Act, 2023
56. Section 74 of the Arbitration and Mediation Act, 2023
57. Abayomi Okubote, 'A New Era for Arbitration in Nigeria: The Arbitration and Mediation Act 2023', Afronomics Law, July 24 2023, https://www.afronomicslaw.org/category/analysis/new-era-arbitration-nigeria-arbitration-and-mediation-act-2023 accessed on the 15th February, 2024.
58. Section 87 of the Arbitration and Mediation Act 2023.
59. Abayomi Okubote, 'A New Era for Arbitration in Nigeria: The Arbitration and Mediation Act 2023', Afronomics Law, July 24 2023, https://www.afronomicslaw.org/category/analysis/new-era-arbitration-nigeria-arbitration-and-mediation-act-2023 accessed on 15th February, 2024.
60. Elizabeth Oger-Gross, Tolu Obamuroh, Tania Singla, 'New Arbitration Regime Comes into Force in Nigeria', White & Case, 21 June 2023, https://www.whitecase.com/insight-alert/new-arbitration-regime-comes-force-nigeria accessed on 15th February, 2024.
61. Ibid.
62. Article 17, UNCITRAL Model Law (2006).
63. Babayemi Olaniyan, Ebunoluwa Yoloye, "Overview and Analysis of Part II of the Arbitration and Mediation Act 2023", Law Pavilion, June 22 2023, https://lawpavilion.com/blog/overview-and-analysis-of-part-ii-of-the-arbitration-and-mediation-act-2023/
64. Section 36 of 1999 Constitution of Federal Republic of Nigeria (as amended)
65. Mrs. Obosa Akpata, Joy K. Augustine, "Overview of the Arbitration and Mediation Act 2023", https://www.patrelipartners.com/overview-of-the-arbitration-and-mediation-act-2023/
66. Ibid.
67. Abayomi Okubote, 'A New Era for Arbitration in Nigeria: The Arbitration and Mediation Act 2023', Afronomics Law, July 24 2023, https://www.afronomicslaw.org/category/analysis/new-era-arbitration-nigeria-arbitration-and-mediation-act-2023
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