A Review of the Role of Nigerian Courts in Commercial Arbitration

Most people are of the opinion that dispute resolution by litigation in court is time consuming and money consuming whereas arbitration may speed the resolution and lower the expenses of disputes. However to ensure the integrity of the arbitral process and protect the public interest, the courts must support and supervise that process. On the other hand, to prevent the confidence of users of the arbitral system from being damaged, the level of judicial control should not be too high. The debate in commercial arbitration is what scale of judicial intervention should be allowed. While it is argued that arbitration must be free from courts, in order to be effective, it is also accepted that arbitration needs the support of national courts to be effective. The author focuses on the effect and challenges currently facing this relationship in Nigeria. He proceeds to strike a balance between the competing interests of the courts and the arbitral process and makes recommendations in order to maintain the essential nature of commercial arbitration.