Over the years, Arbitration seems to have piqued the interest of many contracting parties above other dispute resolution mechanisms particularly because of its close semblance to the formal Court system albeit still maintaining the allure of flexibility and party autonomy.
The legal jurisprudence on arbitration in Nigeria is the Arbitration and Conciliation Act as well as plethora of case law on the subject. In contracts, dispute resolution clauses wherein parties agree to the submission of their disputes to arbitration are referred to as the Scott v. Avery Clause. The term was coined from the 1856 English case of Scott v. Avery. It should be noted that Arbitral clauses do not in themselves completely oust the jurisdiction of Courts but form a condition precedent to activating the jurisdiction of any court over the dispute, expect in cases of waivers.
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