Ayomikun Kuewumi (Adekunle Ajasin University) has posted Arbitration in Maritime Law and Practice on SSRN. Here is the abstract:
Maritime arbitration is increasingly vital to Nigeria’s shipping and trade sector, yet its development has been hindered by statutory conflicts, judicial inconsistency, and institutional gaps. This essay critically treats the challenges and prospects of maritime arbitration in Nigeria, with the focal lens on the Arbitration and Mediation Act (AMA) 2023, the Admiralty Jurisdiction Act (AJA) 1991. Drawing on case law such as The Owners Of The M. V. Lupex v Nigerian Overseas Chartering & Shipping Ltd, City Engineering Ltd. v Federal Housing Authority and Fugro Subsea LLC v Petrolog Ltd., the essay illuminates the tension between Section 20 of the AJA which prohibits ouster of Federal High Court jurisdiction, and Section 5 of the AMA which mandates court referral to arbitration. While enforcement delays, inconsistent judicial attitudes, and enforcement problems are obstacles, recent reforms, particularly the AMA 2023 and Admiralty Rules 2023, offer prospects for aligning Nigeria with international best practice. The essay concludes that sustained legislative clarity, judicial adaptation, and institutional strengthening are crucial for Nigeria to improve arbitration as an efficient and credible mechanism for resolving maritime disputes.
To receive new posts from Legal Theory Blog by email, get a free subscription to Legal Theory Stack.
Lawrence Solum