NAN-H-44
Arbitration
By Aisha Cole &Yemi Adeleye
Lagos, Nov. 3, 2017 (NAN) Mrs Adedoyin Rhodes-Vivour, the Chairman, Chartered Institute of Arbitrators (CIArb), Nigeria Branch, on Friday advocated a reform of Nigerian Arbitration Laws to aid Alternative Dispute Resolution (ADR) for economic development.
Rhodes-Vivour, who spoke at the ongoing 2017 Annual Conference of CIArb, in Lagos on Friday, said economic growth thrived with efficient and effective Judiciary.
According to her, the ability to provide expeditious dispensation of justice through support for arbitration and ADR mechanisms would instil more confidence in the public and investors.
She said that ADR remains the preferred option for investors, which was in line with the global trend of dispute resolution against commercial court system.
According to her, there is a close affinity between trade, investments, economic development and arbitration as arbitration encourages foreign investments.
“Our priority is to ensure that arbitration and Alternative Dispute Resolution continue to meet the needs of the users and the challenges of the modern times.
“It has long been recognised that economic growth thrives in an atmosphere of an efficient and effective judiciary, one which has gained total confidence by the public and investors.
“One of the greatest challenges of Nigerian arbitration is the nightmare of arbitration cases being locked in the court system for several years.
“This cases get enmeshed in the very court system parties sought to avoid by entering into private agreement for resolving their disputes through arbitration.
“The institute (CIArb) has been in the forefront of advocating for the reform of Nigeria’s Arbitration Laws in line with the UNCITRAL Model Law, 2006 and other modern developments,’’ Rhodes-Vivour said.
She commended the Lagos State Government for the commitment to speedier dispensation of justice by establishing commercial courts and ADR centres to enhance access to justice.
Rhodes-Vivour, said, “We are assured that Lagos State- our commercial nerve centre – is fully committed to changing the perception and leading us to a new Judicial era.’’
“A supportive Judiciary is essential to the continuing efficacy of arbitration as an effective and attractive dispute resolution procedure. Judiciary support does not mean interference.
“The Support of the legislature is essential in ensuring an up-to-date legal framework for arbitration and ADR,’’ the legal practitioner said.
Rhodes-Vivour expressed the hope that the Senate would soon pass into law a Reviewed Amendment Bill of Arbitration and Conciliation Act Cap A 18, presently before the National Assembly.
She said that the amendment would ensure that Nigeria had a modern arbitration law, which would attract international investors.
One of the participants, Prof. Gbolahan Elias, a Senior Advocate of Nigeria (SAN) told the News Agency of Nigeria (NAN) that there was a need for more awareness about ADR.
“I think we need to have a larger number of people understanding the significance of arbitration better because many people assume that it is for lawyers.
“This is part of the problems, which can be cured by education. People need to be aware of the possibilities of arbitration,’’ Elias said.
Also Speaking, Mrs Folasade Alli, the Secretary of CIArb and Chairman of the Conference Planning Committee told NAN that there should be more awareness about arbitration and ADR.
Alli observed the presence of so many arbitral bodies in the country and Africa as a whole and called for harmonisation to meet up with the developed world in making arbitration an alternative way of resolving disputes.
She said that the country had a lot of seasoned arbitrators from different fields, adding that an arbitrator did not have to be a lawyer by profession.
“Awareness is the key problem. Arbitration is the alternative way of resolving disputes and you do not need to be a lawyer before you can be an arbitrator.
“You can be an Engineer, an Accountant or others. CIArb has so many professionals such that when there is a dispute in a specialised profession, you do not need to call a lawyer to arbitrate over a technical matter like engineering,’’ Alli said.
NAN reports that the three-day event tagged: “Strengthening the Building Blocks of Arbitration in Africa’’, drew participants across various professions, especially legal. (NAN)
AIC/AYO/AJA
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Edited by Adeleye Ajayi/Felix Ajide