ABSTRACT
Traditionally, arbitration as an Alternative Dispute Resolution (ADR) 0ption have always had a bespoke nature. By the provisions of the Arbitration and Conciliation Act, arbitration could arise from the agreement of parties to submit to it, before the cause of action arises, or when the cause of action have arisen, in which latter case it is called an oral submission. It is settled that the traditional arbitration is neither intended to take the place of litigation, to tussle with litigation, nor to come after litigation. It has also been the narrative of anti-arbitration arguers that arbitration most times result in what would be called a fruitless journey, since it ordinarily would result to litigation after award have been made and an aggrieved party intends to challenge award. Not too long ago however, the Court of Appeal launched a Multi-Door Court House, which is intended to proffer ADR options at that appellate court level. This shift in paradigm is one most likely to spark controversy, as to the propriety or otherwise of parties resorting to ADR after a court of competent jurisdiction have pronounced judgment consequent upon findings of fact and of law on the subject matter of litigation. It is commonplace for the legal community to assume that ADR after litigation could indeed include arbitration after litigation, since arbitration is also an ADR option. This paper therefore examines the question as to the legal possibilities of parties resorting to such, particularly arbitration, and the natural consequence of such on judgments of courts. The writer employs the analytical and doctrinal approaches of research, and had recourse to primary and secondary authorities in arguing the topic. The writer carefully examined the traditional arbitration models, and the new paradigm of ADR after litigation, to find out if it is ideal, and if Arbitration is, or should form part of the windows at the Court of Appeal Multi-Door Courthouse.
Nwosu, Chinaza Duke, The Legal Possibilities of Arbitration After Litigation: An Analysis on the Court of Appeal Multi-Door Courthouse (February 10, 2021).W
Leave a Reply