A COMPARATIVE STUDY OF MODERN AND CUSTOMARY ARBITRATION IN NIGERIA

A COMPARATIVE STUDY OF WIFES RIGHT TO MAINTENANCE IN ISLAMIC AND STATUTORY LAWS IN NIGERIA: A CASE STUDY OF ZARIA AND SABON-GARI COMMUNITIES OF KADUNA STATE.
August 16, 2017
A COMPARATIVE ANALYSIS ON THE CONCEPT OF FREEDOM OF RELIGION UNDER THE SHARI‘AH AND INTERNATIONAL LAW
August 16, 2017
Button

ABSTRACT


This thesis conceptualized dispute as an integral part of man’s existence and a common
occurrence in human societies which could arise as a result of differences in opinion, political
ideologies, bad governance, ethnic nationalism, land matters, family issues, some economic
or religious reasons, and in some cases a combination of two or more of these factors which
may lead to conflicts. These conflicts may result in strained relationships, loss of lives and/or
properties, hence the need for a dispute settlement mechanism which may be modern or
traditional. The major issues for determination are, whether arbitration is a necessity and has
been a successful tool in amicable resolution of disputes; and whether customary arbitration
is more effective than modern arbitration. It is in the light of the foregoing that this work
compared modern arbitration to customary arbitration. The comparison is with a view to
realizing which option would be more practicable in terms of amicable resolution of disputes.
The research methods adopted are doctrinal and empirical. Judicial decisions, statutes and
books on arbitration were useful to this research. Data was also collected through distribution
of questionnaires. This thesis examined the concept of arbitration as a dispute resolution
process. It also examined some provisions of the Arbitration and Conciliation Act, Cap A18,
LFN 2004 and some case laws on the essential ingredients of arbitration. It noted that
arbitration has been used successfully over the years to achieve amicable resolution of
disputes. However, inspite of its tremendous achievements, arbitration is faced with some
challenges. These include the attitude of Nigerian courts towards enforcement of customary
arbitral awards, high level of illiteracy of the customary arbitrators, highly formalized and
legalistic nature of modern arbitration. At the conclusion of the research, it was found among
other things that modern arbitration is expensive and may not be accessible to the common
man. It was also found that feuding parties in traditional communities use traditional
approaches to resolve their conflicts because they find customary arbitration more accessible,
quick and cheap. Consequently, the thesis recommended for the promotion of modern
education and capacity building in the form of paralegal training for the operators of
customary arbitration and that priority should be given to customary arbitration which is
cheaper, faster, less formal and accessible to the common man.

Get Complete Materials

Website Hosting
WeCreativez WhatsApp Support
Our customer support team is here to answer your questions. Ask us anything!
👋 Hi, how can I help?