Judicial Intervention and Processes: Nigeria’s Perspective on International Commercial Arbitration- One Step Forward, Two Steps Backward.

Akano, Nimisore (2022) Judicial Intervention and Processes: Nigeria’s Perspective on International Commercial Arbitration- One Step Forward, Two Steps Backward. Doctoral thesis, University of East Anglia.

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Abstract

This thesis examines the inherent issues and challenges involved in the judicial intervention in Nigeria seated international commercial arbitration in Nigeria. Nigeria as the pioneer African jurisdiction to adopt the UNCITRAL Model Law on International Commercial Arbitration is expected to take the lead as the regional preferred arbitral seat. Yet, owing to the inadequate legal framework, insufficient judicial support as well as institutional and structural challenges, Nigeria has not been able to establish itself as a preferred and attractive seat for arbitral proceedings. The thesis argues that for Nigeria to emerge as a favoured seat for international commercial arbitration, a holistic approach that examines not only the legal framework and judicial process, but also institutional and structural issues must be critically addressed. This thesis advances the need for a holistic reform to demonstrate to the international community that Nigeria has or is ready to put in place the necessary legal and institutional frameworks as well as structural and infrastructural frameworks in order to successfully position the jurisdiction as an attractive seat and one of the key international commercial arbitration players, especially within sub-Saharan Africa. It is argued that judges must sway from a jealous approach to a more constructive approach which will foster the development of arbitration in Nigeria. The thesis proffers recommendations for reforms toward enhancing Nigeria’s attractiveness as an efficient and attractive seat for international commercial arbitration.

Item Type:	Thesis (Doctoral)
Faculty \ School:	Faculty of Social Sciences > School of Law
Depositing User:	Chris White
Date Deposited:	22 Feb 2023 09:07
Last Modified:	22 Feb 2023 09:07
URI:	https://ueaeprints.uea.ac.uk/id/eprint/91246
DOI:

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