Constitutional foundations of commercial and investment arbitration in Nigerian law and practice

Abstract

Generally, constitutions do not expressly provide for commercial or investment arbitration. However, being vital to the validation, interpretation, and application of statutes, constitutions impact on national arbitration statutes. This article examines the role of the constitutional framework and provisions in Nigerian arbitration law and practice. The examination deals with the history and legitimacy of principal statutes, the rights and scope of arbitration, and the judicial power and jurisdiction of courts. Contrary to opinions in judgments and scholarly writings, provisions on legislative and judicial powers and on fundamental policy objectives and human rights positively reinforce the UNCITRAL Model Law 1985 inspired Arbitration and Conciliation Act 1988, Nigerian Investment Promotion Commission Act 1995, and other related statutes.