Browsing by Author "Amodu, Patience Atule"

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    THE CHALLENGES AND PROSPECTS OF LEGAL REPRESENTATION IN ARBITRATION PROCEEDING
    (Department of Public and International Law, Nasarawa State University, Keffi, 2019-06-15) Amodu, Patience Atule
    Arbitration has been in existence from immemorial, clue to the fact that conflicts ancl controversies are normal in our daily occurrences; it is a consensual method of disputes resolution, having many advantages over litigation which is adversarial in nature and focuses more on legal rights and remedies. In recent trend parties have no control over the exercise of their right in arbitration proceedings, as regards choice of arbitrators in their cases. Parties in Arbitration are represented by legal practitioners, as it is in litigation in Nigeria, as opposed to international practices. This thesis studies the general assessment, development, conduct and practice of arbitration as a means of resolving disputes between parties within the confines of law of arbitration in Nigeria. Focusing more on the legal representation in arbitral proceedings in Nigeria, in comparison with what is obtainable in England, the thesis examines the significant impact on legal representation in Nigeria. Legal Representation has some major deficiencies, as to the legitimacy and existence of modern proceedings under the Nigeria law and (he practice in England. The proposition as to the restriction on legal representation in arbitration to Legal practitioners qualified to practice in Nigeria is in contradiction with the provision of Arbitration Laws. An arbitral award challenged at the appealed level often takes longer period for resolution of dispute. This has not been a successful tool in arbitration proceedings. The research examined the legal representation in arbitration proceeding in Nigeria, its challenges and prospects. The thesis which is in five chapters adopted both primary and secondary doctrinal research methodology. The advantages of arbitration over litigation are considered. The challenges, problems and limitations faced in practice of legal representation in arbitration are identified. The research concluded by stating that the hallmark of arbitration should be parly autonomy, and therefore expedient to give Arbitration priority over litigation.