Unlike commercial litigation where litigants spend many years in
court for their dispute to be resolve by a Judge, an arbitration
proceeding is fast and flexible. The parties agree on the process
of resolving their dispute. Arbitration proceedings are
confidential and an arbitral award is not subject to appeal.
Notwithstanding the advantages of arbitration over litigation,
there are many challenges facing Arbitration as a means of
resolving commercial disputes in Nigeria.
Either by design or coincidence, litigation gradually became the
main means of resolving commercial disputes in Nigeria. Some
businesses insist on resolving complicated commercial disputes by
initiating legal proceedings in Court while some legal
practitioners prefer to litigate a matter subject to arbitration.
In spite of the continual training of Judges on the role of
arbitration in dispute resolution, some Judges are still hesitant
in referring matters to arbitration as a result of their fear
