ROLE OF ARBITRATION IN DISPUTE RESOLUTION IN NIGERIA: A LEGAL EXAMINATION

Abstract

Disputes are common occurrence and part of human society. It is bound to arise at one stage or the other in allhuman interactions, be it commercial, socio-political, matrimonial, industrial or international. Resolution ofthese forms of disputes without recourse to self-help, court or to prolonged methods of dispute resolution iswhat arbitration and other forms of Alternative Dispute Resolution (ADR) have come to do. Hence, thecontribution of arbitration to dispute resolution cannot be overemphasized. Over the years, some scholars haveinterrogated the essence of arbitration when we have series of courts ranging from Customary Courts, AreaCourts, Magistrate Courts, Tribunals, State and Federal High Courts, Court of Appeal and Supreme Court inNigeria. These scholars argued for exclusion of arbitration from Alternative Dispute Resolution with the reasonthat arbitration is now in danger of suffering the same disadvantage as litigation, namely, increasing delays,exorbitant and disruptive technicalities. Other scholars consistently maintained that arbitration has not lost itssimplicity, informality, cost effectiveness and efficiency. However, the aim of this paper is to examine theindispensability of arbitration and its contribution to dispute resolution in Nigeria. The work adopted doctrinalmethod of data collection and relied on primary sources of data such as statutes, case laws, journals andtextbooks to examine the indispensability as well as the contribution of Arbitration to dispute resolution inNigeria. The work found that arbitration offers advantages that litigation from its very nature can never provideas arbitration is not a court yet the decision reached by parties in resolving disputes are legally binding. Thework therefore recommended that arbitration should continue to be used as alternative for litigation,considering the fact that arbitral tribunals adopt procedures that are suitable to the circumstances of aparticular case. This helps to avoid unnecessary delay or expense to provide a fair means for dispute resolution.