A Preliminary Analysis Of Nigeria's Arbitration

There has been great improvement in the trade between China and Nigeria in recent years, There will unavoidably appear many disputes in the mutual civil and commercial transactions and the arbitration has become the first choice of the parties as a way to resolve their disputes. However, articles or works have not been written about the Nigerian arbitration in China up to now, so it is necessary to have a study of the Nigerian arbitration at present.As an ancient country in Africa, Nigeria, with a long history and unique culture tradition, once became a British colony and gained its independence in 1960. Traditional concepts and historic elements made Nigerian legal system have two specific characteristics: First, the profound influence that the British law had on its development. Second, its complexity. This kind of particular legal system of Nigeria caused the simultaneous existence of three modes of arbitration in Nigeria: the customary law arbitration which is popular in rural areas or tribe, common law arbitration which originated from English common law but rarely used now, arbitration in accordance with the statutory law.Coming from Nigeria's unique culture tradition, the customary law arbitration as a dispute-settling system has great flexibility and informality which plays an active role in encouraging the reconciliation between the parties and promoting good neighbourship, getting rid of the harm to public order as well as reducing the pressure of regular courts.After Nigeria became a colony of Britain, the British ruler transplanted the common law into Nigeria by the way of indirect rule. The British common law and the principle of equity were accepted and retained in Nigeria after its independence, the result of which made the British common law arbitration a part of Nigerian legal system.Because of the shortcomings of Nigerian common law arbitration, itis rarely used now. On the other hand, the customary law arbitration is mainly used in the rural areas, what it settles are mainly about the disputes from land, marriage and property. Both of the two kinds of arbitrations arise from the oral arbitration agreement which can't meet the requirements of the modern complicated trade dealings, so the Nigerian Arbitration and Conciliation Act was enacted to meet such requirements, while the trade dispute arbitration is governed by the Trade Dispute Act.A preliminary analysis of the said three kinds of arbitrations in Nigeria is made in this discourse on the basis of foreign scholars' studies.