International Dispute Resolution: Practical Options for Resolving Nigerian Commercial Cross-Border Disputes

📖 ABSTRACT/OVERVIEW

This paper examines the practical options available for resolving commercial cross-border disputes involving Nigerian parties, drawing on international arbitration, mediation, conciliation, and litigation in foreign jurisdictions. As Nigeria's engagement with international trade and investment deepens under the AfCFTA and bilateral trade agreements, the effective resolution of cross-border commercial disputes has become a pressing professional need. Using a comparative professional analysis methodology, the research examines the practical strengths and limitations of ICC and LCIA arbitration, the Singapore International Mediation Centre (SIMC), and litigation in English and Nigerian courts for resolving typical commercial disputes arising in Nigeria's oil and gas, construction, and financial services sectors. It analyses the enforceability of foreign arbitral awards in Nigeria under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, noting judicial decisions that have complicated enforcement. The paper also examines the role of the Lagos Court of Arbitration and the Lagos Multi-Door Courthouse as domestic alternatives, evaluating their costs, timelines, and quality of outcomes relative to international forums. Findings indicate that parties to Nigerian commercial contracts frequently select foreign dispute resolution forums partly due to concerns about judicial capacity in Nigerian courts, yet face significant challenges enforcing resulting awards. Recommendations include judicial reform to expedite commercial dispute resolution, investment in arbitrator training for Nigerian practitioners, and legislative amendments to the Arbitration and Mediation Act to improve award enforcement. Keywords: commercial arbitration, New York Convention, Lagos Court of Arbitration, dispute resolution, Nigeria.

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