A revisit of the use arbitration in the resolution of construction dispute in Nigeria. Readings in Law and Contemporary Issues.
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Date
2018-03
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Faculty of Law, Rivers State University.
Abstract
Arbitration is ranked as one of the best alternative instruments for resolution of construction dispute globally. Arbitration Act is well couched and specially designed to cater for all the technicalities involve in the resolution of construction disputes. However, the cost and time frame within which arbitral award is granted to parties to construction dispute seem to make the process ineffectual thereby defeating its goal. Many times contract sum is lost to arbitration for resolution of construction disputes thereby defeating the purpose of award of construction projects. There is a need for upward review of the arbitration Act for effective resolution as well making the process more attractive to the foreign investors into construction business in Nigeria. The objective of this paper is to evaluate the impact of arbitration process used for resolution of construction disputes in Nigeria with a view to draw lessons from both UK and Malaysia. Utilising content analysis of cases of arbitration in construction disputes obtained from law reports. The finding of this paper shows that arbitration has more advantage over litigation of construction dispute resolution. The paper suggests among others the need to revisit the cost of arbitration and the timeframe within which construction disputes are heard and determined so that foreign investors as well as local contractors could have a better chance when venturing into construction business in Nigeria.
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Citation
Raji, B. A., & Aladokiye, G. E. (2018). A revisit of the use arbitration in the resolution of construction dispute in Nigeria. Readings in Law and Contemporary Issues. Part four; Ajectival (Procedural) Law, 214-226. Chris, C. Igwe (ed.). Published by Faculty of Law, Rivers State University, Port-Harcourt, Nigeria.