ARBITRABILITY IN NIGERIA AND SOME OTHER JURISDICTIONS

Abstract

Arbitrability which refers to whether a dispute is suitable or not for Alternative Dispute Resolution (ADR) has not developed in chronological manner in Nigeria. Its development is largely marred by some confusion steaming chiefly from myopic understanding of public policy to arbitration. This understanding has greatly affected and imped ed the development of arbitration be it in criminal or civil justice system in Nigeria. As a result, existence or role of ADR is largely denied, disguised or shrouded in secrecy in criminal justice system and can easily be tampered with or frustrated in civil justice system, under the guise of possible offence to public policy. Unfortunately, this ugly trend has not engaged Arbitration scholars in Nigeria. This paper interrogates this status quo and advocates for a paradigm shift by giving a lucid historical account of the development of Arbitrability. In the absence of a clear statutory authority on the subject, a critical appraisal of the case law on Arbitrability was considered. Pointing out their limitations, the paper compares the development of Arbitrability in Nigeria with those of some other jurisdictions such as Ghana, England, India and Singapore and submits that since ADR finds its impetus in both indigenous and contemporary cultures, its indices should be subjected to that sole test governing all customary issues, namely, repugnancy test.