AN APPRAISAL OF THE RELATIONSHIP BETWEEN THE COURTS AND ARBITRAL PROCESS IN NIGERIA

Abstract

Arbitration is an accepted form of dispute settlement in many countries today. Nigerian courts initially saw arbitration as a rival that must not be allowed to take roots in Nigeria. Then the courts were reluctant in recognizing the decisions of arbitral tribunals and viewed such decisions with suspicion. As time goes on, the attitude of the courts began to change. Now courts have played and have continued to play both supervisory and supportive roles in ensuring that arbitration process in Nigeria performs its role in dispute resolution. This paper aimed at appraising the relationship between the courts and the arbitral process with a view to determining how far arbitral process is dependent on the court. The researcher adopted the doctrinal methodology relied on library based materials and internet sourced materials. It found that the relationship between the duo is a symbiotic relationship. The courts are involved in the process of arbitration from commencement to recognition and enforcement of the arbitral awards as well as its setting aside. It is recommended that the intervention of the court should not be allowed to be over excessive so that the beauty of arbitration as a process of dispute resolution will not be eroded.