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THE PRACTICABILITY OF SECTIONS 4 AND 5 OF THE ARBITRATION AND CONCILIATION ACT 1988 IN THE NIGERIAN COURT
(Ife-Jurist Review, Journal of Contemporary Legal and Allied issues. 2, 2015) A. O Rufai- Ismail and K. Y Olatinwo
The Arbitration and Conciliation Act (ACA) 1988 is inspired by the UNCITRAL Model Law on International Commercial Arbitration and the New York Convention on the Recognition and Enforcement of Foreign Arbitration Awards of 1988 . One of the purposes of its enactment was to implement Nigeria’s obligations under the Convention on the Recognition and Enforcement of Foreign Awards. The Act , though still remains the major statute regulating arbitration in Nigeria, has created an irreconcilable situation for the regular court in its dealing with any application brought before it relating to stay of proceedings. Evidently the intention of arbitration as an alternative dispute resolution process (ADR), is just like it is called, to look for a means of settling dispute without the Court’s interference. Notwithstanding, the Act recognises and created an opportunity for parties to seek the Court’s intervention when either parties intend to renege on his part of the agreement reached but in so doing, it created a confusion by not only duplicating the provisions but making the provisions contradictory. This paper intends to examine the provisions of these contrasting sections i.e Sections 4 and 5 of ACA and the their a practice/applications in the regular Courts.