An Overview Of Arbitral Process In Nigeria: A Practical Guide From Commencement To Award

INTRODUCTION

When parties choose arbitration, they are not merely opting for an alternative to litigation but for a dispute resolution mechanism founded on party autonomy, procedural flexibility and neutrality. Unlike court proceedings where procedure is largely prescribed by law, arbitration allows parties considerable control over the manner in which their dispute is determined, including the choice of arbitrator, seat, applicable rules and, where appropriate, the presentation of evidence and submissions. This flexibility, however, operates within an established procedural framework.

From the commencement of proceedings and constitution of the tribunal to pleadings, procedural hearings, evidence, submissions, and the final award, each stage serves a distinct purpose and is governed by the parties’ agreement, applicable arbitral rules and the law of the seat. The effective management of these stages is therefore central to the fair and efficient resolution of the dispute.