Judiciary support is essential to efficacy of arbitration – Rhodes-Vivour

A legal luminary, Mrs Adedoyin Rhodes-Vivour, on Friday said a supportive judiciary was an essential element for the efficacy of arbitration in dispute resolution procedures.

Rhodes-Vivour, who is the Chairman, Chartered Institute of Arbitrators (CIArb), Nigeria branch, made this known at the end of the 2018 annual conference of the institute in Abuja.

She said that the support of the judiciary was required prior to the process, during the process and after the result of the arbitration had been issued to parties in dispute.

According to her, the international standard of arbitration also requires the support of the judiciary, and prohibits judicial interference, which is specifically provided for in the relevant statute.

“Nigerian courts largely support arbitration by affirming the principles of non intervention as several judicial authorities affirm.

“Several courts have also established multi-door court houses offering court connected Alternative Dispute Resolution (ADR), thereby making alternative doors for dispute resolution.

“In my speech at the opening ceremony of the 2017 annual conference, I made reference to the pronouncement of the Chief Justice of Nigeria, Justice Walter Onnoghen against courts indulging parties who are in breach of arbitration agreements.

“And against parties who commence litigation proceedings or the utilisation of the courts system to frustrate an otherwise legitimate arbitration agreements and the resultant award.

“Recently, the Chief Judge again encouraged the use of ADR as part of mechanism put in place to resolve asset management related disputes,’’ she said.

Rhodes-Vivour, however, called on stakeholders to adhere to the international principle of non intervention in proceedings and respect for international dispute resolution.

She also called on lawyers as officers in the temple of justice to oblige by upholding and observing arbitration agreements validly entered into by parties.

Rhodes-Vivour said that the institute must also respect the process and observe the highest standards to maintain Nigeria’s perception in the international dispute resolution plane.

The theme of 2018 conference is Arbitration and ADR in Africa: Challenges, Gains and Lessons for the Future.

CIArb is a non-profit organisation in the UK, representing the interests of alternative dispute resolution practitioners worldwide with over 15,000 members in 133 countries.

The Nigerian branch is one of the 39 branches of the CIArb and has grown with over 1,173 members across all disciplines including practitioners in Law, Construction, Shipping, Engineering, Insurance, Banking, Accounting, Oil and Gas.