Customary arbitration in Nigeria: Reflections on some conceptual challenges to its effective development as a viable ADR mechanism in Nigeria
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Date
2015-02-01
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Faculty of Law, Unilorin
Abstract
Customary arbitration dispute resolution machinery in Nigeria is a simple and less sophisticated means in which conflicts, particularly in traditional Nigerian society, are resolved. Resolution of disputes via customary arbitration has numerous advantages part of which is speed, less cost and absence of unnecessary technicalities associated with litigation. Despite these imminent advantages, there are certain practical challenges associated with its practice which has hindered its growth as a viable dispute resolution mechanism in Nigeria. These challenges largely stem from the courts trying to infuse the features of statutory arbitration into customary arbitration – with the two having obvious incompatible features. This paper reflects on some of these challenges with a view to suggesting a way forward so as to enhance the progressive growth and development of customary arbitration as a dispute resolution process in Nigeria.
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Keywords
arbitration, customary arbitration