The Nigerian Institute of Chartered Arbitrators (NICArb) has called for increased support from the government and citizens to enhance the growth of Arbitration and Alternative Dispute Resolution (ADR) in the country.
This appeal was made during a press briefing held at Adedeji Adekola Hall, Lagos, ahead of NICArb’s 45th-anniversary celebration.
The conference, with the theme: “Transformation and Intervention: The Evolving Trends in Arbitration and ADR Practices in Africa,” seeks to address pressing issues in the arbitration landscape, including the role of artificial intelligence (AI), accountability in arbitration, and Africa’s positioning in the global arbitration sphere.
Speaking at the briefing, the Registrar/CEO of NICArb, Mrs. Shola Oshodi-John, lamented the lack of recognition for local arbitrators, citing negative perceptions as a significant hindrance to the growth of arbitration in Nigeria and Africa.
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According to Oshodi-John, many Nigerians prefer foreign arbitrators to local ones, a trend that has hindered the sector’s growth. “There is a perception that anything from Nigeria or Africa is not good enough. This mindset has led many to seek arbitration services outside the country, even though Nigerian arbitrators are as capable, if not better, than their foreign counterparts,” she said.
She also pointed to the lack of government support as a key obstacle. Unlike countries such as France, the UK, where governments actively promote their arbitration sectors, Nigeria’s limited involvement has stifled growth.
“The government needs to be more intentional. Countries like France invest significantly to ensure their cities remain arbitration hubs. We should have similar commitments here in Nigeria,” Oshodi-John stated.
The absence of representation at international arbitration decision-making fora was also highlighted. “We need to ensure Nigeria has a seat at the table where key policies are made. Without representation, we often find ourselves sidelined,” she added.
The upcoming NICArb conference will delve into how emerging trends, particularly artificial intelligence, are reshaping arbitration. Discussions will address whether AI can serve as arbitrators, how it might influence accountability, and its role in ensuring neutrality.
The African Continental Free Trade Agreement (AfCFTA) will also take centre stage, as stakeholders examine its implications for dispute resolution in intra-African trade.
The conference aims to explore how Africa can harmonise its diverse legal systems to foster collaboration and close gaps in the arbitration process.
The Chairman of the Annual Conference Planning Committee, Professor Yusuf Olaolu, noted that the Arbitration and Mediation Act (AMA) 2023 has introduced innovations such as third-party funding, which could significantly enhance access to justice.
“The AMA 2023 is a dynamic piece of legislation that reflects the rapidly changing landscape of arbitration. It positions Nigeria to lead in arbitration practices across Africa,” he said.
The Co-Chairperson of the conference, Lady Modupe Ajayi, emphasised the importance of developing local talent and leveraging Africa’s cultural diversity to advance arbitration.
She also noted that technology has revolutionised dispute resolution, offering opportunities for innovation in ADR practices.
“Arbitration is not just about resolving disputes; it’s about building a resilient system that reflects the continent’s potential. Africa has some of the best legal minds, and it’s time we celebrate and promote their capabilities,” Ajayi stated.
With the conference set to place on the 28th and 29th of November will bring together stakeholders from across Africa and beyond, NICArb aims to position Nigeria as a leader in the arbitration space.
The institute has urged the government, public sector entities, and private actors to engage meaningfully in arbitration, promote local content, and invest in building capacity for arbitration and ADR mechanisms.
