ARBITRATION AND THE COURTS: COLLABORATORS OR COMPETITORS?

Abstract

The relationship between arbitral process and the courts is not new in the resolution of disputes. Arbitration which is one of the alternative means of resolving conflicts other than through the courts does not exist in isolation. This study examines whether arbitration and the courts are collaborators or competitors. The research methodology adopted was doctrinal. The study collected data from primary and secondary sources of law like the Constitution of the Federal Republic of Nigeria 1999 (as amended), Arbitration and Mediation Act 2023 and several other juristic literature, as well as other judicial authorities, to mention but a few. It was found, amongst other things, that arbitration and the courts compliment and complete each other. Arbitration had existed traditionally or customarily side by side the court system even before the statutory recognition of same. The study recommended an amendment of the Arbitration and Mediation Act 2023 in order for the Act to streamline what should constitute public policy and to reduce the period to set aside an arbitral award to seven days with express prohibition for extension of time, given the unique nature of arbitration.