How does the Nigerian government address export-related trade disputes and arbitration?
The Nigerian government has taken the following measures to address export-related trade disputes and arbitration :
The validity of electronic communication of arbitration agreements: The scope of what can be a valid agreement in writing has been expanded. Thus, the requirement for an arbitration agreement to be in writing is met where it is by electronic communication and the information contained therein is accessible and usable for subsequent reference.
Power of an arbitral tribunal to grant interim measures pending the determination of a dispute: An arbitral tribunal may grant interim measures such as temporary measures to maintain or restore the status quo, prevent an action likely to harm or prejudice the arbitral process, preserve the assets by which an arbitral award may be satisfied pending the determination of disputes, amongst others.
The introduction of the Award Review Tribunal.
The Nigerian government addresses export-related trade disputes and arbitration through the Arbitration and Mediation Act, 2023 ¹ ². This act is divided into three parts and includes the following aspects:
- *Arbitration*: Applies to both international and domestic arbitral proceedings in Nigeria.
- *Mediation*: Covers the practice of commercial mediation in domestic and international dispute settlement in Nigeria.
- *Miscellaneous Provisions*: Includes innovations such as the validity of electronic communication of arbitration agreements, the power of an arbitral tribunal to grant interim measures, and the introduction of the Award Review Tribunal.
Some of the notable developments in the AMA include:
- *Resolution of the dichotomy in Sections 4 and 5 of the ACA*: The contradiction between Sections 4 and 5 of the ACA on the grant of an order for stay of proceedings pending arbitration being a mandatory or discretionary function of the court has been resolved.
- *Emergency Arbitrators*: The AMA provides parties with the option of a speedy and efficient procedure to obtain urgent interim reliefs on urgent issues prior to the constitution of an arbitral tribunal.
- *Consolidated and Concurrent Hearings*: The AMA permits arbitral proceedings to be consolidated with ongoing arbitral proceedings, including proceedings that involve different parties. Also, the AMA permits concurrent hearings to be held.
- *Joinder of Parties*: The AMA vests the Arbitral Tribunal with the discretionary power to allow additional parties to be joined to an arbitral proceeding, so long as there is prima facie evidence that the additional party is bound by the arbitration agreement giving rise to the arbitration.
- *Grant of Interim Measures and Preliminary Orders by Arbitral Tribunals*: The AMA imbues the arbitral tribunal with the powers to grant interim measures, such as directing parties to maintain or restore status quo pending the determination of the dispute, to preserve the subject matter of the arbitration or evidence that may be relevant and material to the resolution of the dispute, provide means of preserving assets that subsequent award may be paid from, including the grant of preliminary orders, etc., unless otherwise agreed by parties.
