Title: The propriety of mandatory arbitration in Nigeria vis-à-vis the doctrine of voluntariness: the imperativeness of charting a new course

Authors: David Tarh-Akong Eyongndi; Adekunbi Imosemi

Addresses: College of Law, Bowen University, Nigeria ' Department of International Law and Security Studies, Babcock University, Nigeria

Abstract: This paper, through desk-based methodology, examined the propriety of mandatory arbitration (which requires a party to arbitrate by law) in Nigeria against the voluntariness of arbitration. It interrogates the challenges of mandatory arbitration in Nigeria and finds that it undermines the consensual nature of arbitration. It examines the practice in Ghana, the UK, and the USA, drawing lessons Nigeria can learn regarding mandatory arbitration. It argues that the courts in Nigeria should adopt the 'sufficient reason' exception in Section 5(2) of the Arbitration and Conciliation Act to decline to effectuate mandatory arbitration agreement (AA) where it would perpetuate injustice or avoidable hardship on a weaker party to the agreement. It recommends that the court uphold unequal bargaining power as a ground for non-sanctioning mandatory AA, and it should be prohibited in employment contracts.

Keywords: alternative dispute resolution; arbitration; arbitration agreement; Ghana; mandatory arbitration; justice; Nigeria; non-standard employment; third party funding; UK.

DOI: 10.1504/IJPL.2023.131478

International Journal of Private Law, 2023 Vol.11 No.1, pp.52 - 74

Received: 20 May 2022
Accepted: 14 Feb 2023
Published online: 13 Jun 2023 *

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