‘Arbitration needs improvement in Africa’

Professor Fabian Ajogwu, President and Chairman of the Governing Council, Nigerian Institute of Chartered Arbitrators (NICArb), says Afriaca has not lived up to expectation in arbitration. He spoke Wednesday in Abuja while briefing newsmen on the sidelines of the 2023 Annual Arbitration/ADR Conference, with the theme, ‘Repositioning Arbitration and ADR practice in Africa’. Ajogwu said […]

Professor Fabian Ajogwu, President and Chairman of the Governing Council, Nigerian Institute of Chartered Arbitrators (NICArb), says Afriaca has not lived up to expectation in arbitration.

He spoke Wednesday in Abuja while briefing newsmen on the sidelines of the 2023 Annual Arbitration/ADR Conference, with the theme, ‘Repositioning Arbitration and ADR practice in Africa’.

Ajogwu said for the continent to take its rightful place, there is need to respect the autonomy and sanctity of arbitral awards.

He said: “We have not done as well as we should do in Africa in arbitration. There is still a high ease of setting aside arbitral awards for the flimsiest of reasons in our courts, and what that has done is literally frighten away the big users of arbitration.

“Even where disputes are between two Nigerian registered parties over crude oil that is in Nigeria with witnesses in Nigeria, you will find that they go to Paris or they go to London to resolve it and what is the reason ? They are afraid.

“Whatever arbitral award they get in Nigeria can be easily set aside by the court, whereas you would not find that elsewhere. So for us to take our rightful place, we must begin to respect the autonomy and sanctity of arbitral awards, such that we don’t just throw it out at the slightest excuse.

“There has to be grave injustice or crime or fairness. Something to warrant setting it aside and you find that the less you do it, the more respected it is. So what the institute is saying is that we need to now take our pride of place and do things a whole lot better in Nigeria and elsewhere.”

Shola Oshodi-John, Registrar/CEO, NICArb, said the conference was organised to enable more African arbitrators to engage in international arbitration.

“There is a need for arbitrators, practitioners as well as critical stakeholders that have investments in Nigeria and government to do things differently from how we have done it in the past. We should begin to invest in arbitration and alternative dispute resolution, so that it actually can be the preferred method for resolving disputes,”she added.

Engr Kashim Abdul Ali, chairman of the conference planning committee, said: “The continent should be supportive of arbitration and people should also learn to lose. Prevent losses by doing the right thing. Not doing the wrong thing and expecting that the court will help you.”