JUDICIAL INTERFERENCE IN ARBITRATION MATTERS IN NIGERIA: AVOIDABLE OR INEVITABLE?

Arbitration is a beneficial alternative conflict resolution process for parties in a variety of ways, and these include; independence for each party in handling their disputes, right to choose a neutral forum avoiding being subject to the jurisdiction of the other party's home court, and enabling them to select arbitrators with knowledge of their respective industries, helping the parties to choose an impartial forum. Furthermore, because of their convoluted processes and potential language hurdles, some parties might not trust the national courts. Over the years, several authors have questioned the role of courts and resort to courts in arbitration matters. The aim of this paper is to examine whether court’s interference with arbitration is avoidable or inevitable. The methodology adopted in this paper is doctrinal as it examines primary sources of law such as statutes, cases and secondary sources such as opinion of scholars on the subject under discourse. The paper finds that if stakeholders demonstrate the will power to wrest arbitration from the jaws of litigation, it is not only possible but doable. The paper recommends among others, that the constitution may need to be amended in order to insert arbitration under the exclusive legislative list in order to ensure that the Arbitration and Mediation Act 2023 is amended to position it as covering the field and ensure its mechanism and appellate rights and processes are handed over to the Arbitration Review Panel as a body of second instance from which final appellate decisions must be implemented with minimal state participation.