ARBITRATION AGREEMENT AND THE LAW: DOES IT ALIGN WITH THE AGE LONG IGBO CUSTOMARY TRADITION?

Abstract

Arbitration agreement is a contract whereby parties thereto agree to refer present and future disputes to arbitration. It is the bedrock of arbitration proceeding particularly non-statutory arbitration because without the voluntary agreement of the parties there would be no platform for arbitration. Arbitration being a private arrangement, parties are at liberty to agree virtually on all issues that govern and control the arbitration proceeding. However, arbitration agreement does not operate in a vacuum or in isolation of the law. There is a legal system which governs or provides the framework for private transaction. It is on this note that this research questions whether parties can contract outside the law considering the principle of party autonomy? If they can to what extent are they allowed to go? This article looks at arbitration agreement and the legal system considering the extent or whether it aligns with the age long Igbo customary tradition. In the process of the research, we adopted doctrinal approach whereof we used the constitution, statutes, case laws and opinion of law writers. The latitude and the ambit of this work is founded on the principles that control Nigerian legal system and Nigeria as a case study. At the conclusion we found that arbitration agreement and its proceeding is not unconnected with the legal system of any nation where it may be applied.