THE LAWS AND PRACTICE OF ARBITRATION IN NIGERIA AND SOUTH AFRICA: A COMPARATIVE ANALYSIS

Abstract

Arbitration, one of the mechanisms of Alternative Dispute Resolution, is a process in which a 
dispute is resolved by an impartial adjudicator, whose decision the parties to the dispute have 
agreed to, or legislation has decreed, will be final and binding. The main aims of this paper are 
firstly, to examine similarities and distinctions between Nigerian and South African arbitration 
laws with the view to unraveling possible lacunas in any of the jurisdictions, and drawing lessons 
therein to close possible gaps. Secondly, the paper aims at examining the challenges of domestic 
and international arbitration practices in both jurisdictions with the view to making necessary 
recommendations. It evaluates the laws governing Nigerian and South African arbitration. It seeks 
to find out the sources of arbitration in Nigeria and South Africa. This paper, in addition, delves 
into the matter of affiliation of arbitration institutions in both countries with other international 
arbitration institutions. The proceedings of arbitration, international arbitration, enforcement of 
domestic and international arbitration awards are also considered here. This paper also explains 
the international recognition of the arbitration of both countries and the preference of both 
countries’ arbitration in the global space. It also explains the challenges of the Nigerian 
arbitration compared with that of South Africa. It goes on to recommended ways of improving
international recognition and choice of Nigerian as a preferred venue and seat of international
arbitration.