ROLE OF ARBITRATION IN DISPUTE RESOLUTION IN NIGERIA: A LEGAL EXAMINATION

Abstract

Disputes are common occurrence and part of human society. It is bound to arise at one stage or the other in all human interactions, be it commercial, socio-political, matrimonial, industrial or international. Resolution of these forms of disputes without recourse to self-help, court or to prolonged methods of dispute resolution is what arbitration and other forms of Alternative Dispute Resolution (ADR) have come to do. Hence, the contribution of arbitration to dispute resolution cannot be overemphasized. Over the years, some scholars have interrogated the essence of arbitration when we have series of courts ranging from Customary Courts, Area Courts, Magistrate Courts, Tribunals, State and Federal High Courts, Court of Appeal and Supreme Court in Nigeria. These scholars argued for exclusion of arbitration from Alternative Dispute Resolution with the reason that arbitration is now in danger of suffering the same disadvantage as litigation, namely, increasing delays, exorbitant and disruptive technicalities. Other scholars consistently maintained that arbitration has not lost its simplicity, informality, cost effectiveness and efficiency. However, the aim of this paper is to examine the indispensability of arbitration and its contribution to dispute resolution in Nigeria. The work adopted doctrinal method of data collection and relied on primary sources of data such as statutes, case laws, journals and textbooks to examine the indispensability as well as the contribution of Arbitration to dispute resolution in Nigeria. The work found that arbitration offers advantages that litigation from its very nature can never provide as arbitration is not a court yet the decision reached by parties in resolving disputes are legally binding. The work therefore recommended that arbitration should continue to be used as alternative for litigation, considering the fact that arbitral tribunals adopt procedures that are suitable to the circumstances of a particular case. This helps to avoid unnecessary delay or expense to provide a fair means for dispute resolution.