LAW518 ALTERNATIVE DISPUTE RESOLUTION II
NATIONAL OPEN UNIVERSITY OF NIGERIA
SCHOOL OF LAW
COURSE CODE: LAW 518
COURSE TITLE: ALTERNATIVE
DISPUTE RESOLUTION II
COURSE CODE: LAW 518
1
, LAW518 ALTERNATIVE DISPUTE RESOLUTION II
COURSE TITLE: ALTERNATIVE DISPUTE RESOLUTION II
COURSE WRITER: ‘Seun S. Lawal
COURSE EDITOR: Mr. Kunle Aina (Sabbatical)
School of Law, NOUN
COURSE COORDINATOR: ‘Seun Lawal, Ernest Ugbejeh
School of Law, NOUN
AG. DEAN: Ifidon Oyakhiromen, Ph.D, BL
School of Law, NOUN
2|Page
, LAW518 ALTERNATIVE DISPUTE RESOLUTION II
MODULE ONE: ARBITRATION
UNIT I: GENERAL INTRODUCTION
UNIT II: INTERNATIONAL AND DOMESTIC ARBITRATION
UNIT III: ARBITRABILITY
UNIT IV: INTERNATIONAL COMMERCIAL ARBITRATION
MODULE TWO: PROCEDURE IN ARBITRATION
UNIT I: ARBITRATION AGREEMENT AND SUBMISSION CLAUSE
UNIT II: LAW GOVERNING ARBITRATION PROCEEDINGS
UNIT III: ESTABLISHMENT OF ARBITRAL TRIBUNAL
UNIT IV: ORGANISATION OF ARBITRAL TRIBUNAL
MODULE THREE: CONDUCT OF ARBITRAL PROCEEDINGS
UNIT I: COMMENCEMENT PROCEDURE
UNIT II: COMMENCEMENT OF THE ARBITRAL PROCEEDINGS
UNIT III: COMMENCEMENT OF THE ARBITRAL PROCEEDINGS CONTD.
UNIT IV: ROLE OF THE NATIONAL COURT
MODULE FOUR: ARBITRAL AWARD
UNIT I: MAKING Of AWARD
UNIT II: RECOURSE AGAINST THE AWARD
UNIT III: RECOGNITION AND ENFORCEMENT OF THE AWARD
UNIT IV: GROUNDS FOR REFUSAL
3|Page
, LAW518 ALTERNATIVE DISPUTE RESOLUTION II
MODULE ONE: ARBITRATION
UNIT I: GENERAL INTRODUCTION
1.0 Introduction
2.0 Objectives
3.0 Main Contents
3.1 Alternative Dispute Resolution Mechanisms
3.2 Definition of Arbitration
3.3 Characteristics of Arbitration
3.4 Arbitral Institution
3.5 Applicable Laws
4.0 Conclusion
5.0 Summary
6.0 Tutor-Marked Assignment
7.0 References/Further Reading
1.0 INTRODUCTION
Alternative dispute resolution (ADR) includes domestic resolution processes and
techniques that act as a means for disagreeing parties to come to an agreement
short of litigation. It is seen as an alternative means of access to justice in the sense
that the parties do not need to refer their disputes to the court of law. It includes
arbitration, mediation, ombudsman schemes and conciliation.
2.0 OBJECTIVES
By the end of this unit, students should be to:
Discuss the various ADR mechanisms
Define arbitration
Discuss the characteristics of arbitration
Name and understand the duties of the various arbitral institution
Understand the applicable laws
3.0 MAIN CONTENTS
3.1 ALTERNATIVE DISPUTE RESOLUTION MECHANISMS
The term “alternative dispute resolution” is often used to describe a wide variety of
dispute resolution mechanisms that are short of, or alternative to, full scale court
processes. The process is less formal, less expensive and it saves time. Parties prefer
ADR because it puts them in the driving seat by giving them the power to design the
proceeding in such a way to suit their needs. It is categorized into non-binding and
4|Page
NATIONAL OPEN UNIVERSITY OF NIGERIA
SCHOOL OF LAW
COURSE CODE: LAW 518
COURSE TITLE: ALTERNATIVE
DISPUTE RESOLUTION II
COURSE CODE: LAW 518
1
, LAW518 ALTERNATIVE DISPUTE RESOLUTION II
COURSE TITLE: ALTERNATIVE DISPUTE RESOLUTION II
COURSE WRITER: ‘Seun S. Lawal
COURSE EDITOR: Mr. Kunle Aina (Sabbatical)
School of Law, NOUN
COURSE COORDINATOR: ‘Seun Lawal, Ernest Ugbejeh
School of Law, NOUN
AG. DEAN: Ifidon Oyakhiromen, Ph.D, BL
School of Law, NOUN
2|Page
, LAW518 ALTERNATIVE DISPUTE RESOLUTION II
MODULE ONE: ARBITRATION
UNIT I: GENERAL INTRODUCTION
UNIT II: INTERNATIONAL AND DOMESTIC ARBITRATION
UNIT III: ARBITRABILITY
UNIT IV: INTERNATIONAL COMMERCIAL ARBITRATION
MODULE TWO: PROCEDURE IN ARBITRATION
UNIT I: ARBITRATION AGREEMENT AND SUBMISSION CLAUSE
UNIT II: LAW GOVERNING ARBITRATION PROCEEDINGS
UNIT III: ESTABLISHMENT OF ARBITRAL TRIBUNAL
UNIT IV: ORGANISATION OF ARBITRAL TRIBUNAL
MODULE THREE: CONDUCT OF ARBITRAL PROCEEDINGS
UNIT I: COMMENCEMENT PROCEDURE
UNIT II: COMMENCEMENT OF THE ARBITRAL PROCEEDINGS
UNIT III: COMMENCEMENT OF THE ARBITRAL PROCEEDINGS CONTD.
UNIT IV: ROLE OF THE NATIONAL COURT
MODULE FOUR: ARBITRAL AWARD
UNIT I: MAKING Of AWARD
UNIT II: RECOURSE AGAINST THE AWARD
UNIT III: RECOGNITION AND ENFORCEMENT OF THE AWARD
UNIT IV: GROUNDS FOR REFUSAL
3|Page
, LAW518 ALTERNATIVE DISPUTE RESOLUTION II
MODULE ONE: ARBITRATION
UNIT I: GENERAL INTRODUCTION
1.0 Introduction
2.0 Objectives
3.0 Main Contents
3.1 Alternative Dispute Resolution Mechanisms
3.2 Definition of Arbitration
3.3 Characteristics of Arbitration
3.4 Arbitral Institution
3.5 Applicable Laws
4.0 Conclusion
5.0 Summary
6.0 Tutor-Marked Assignment
7.0 References/Further Reading
1.0 INTRODUCTION
Alternative dispute resolution (ADR) includes domestic resolution processes and
techniques that act as a means for disagreeing parties to come to an agreement
short of litigation. It is seen as an alternative means of access to justice in the sense
that the parties do not need to refer their disputes to the court of law. It includes
arbitration, mediation, ombudsman schemes and conciliation.
2.0 OBJECTIVES
By the end of this unit, students should be to:
Discuss the various ADR mechanisms
Define arbitration
Discuss the characteristics of arbitration
Name and understand the duties of the various arbitral institution
Understand the applicable laws
3.0 MAIN CONTENTS
3.1 ALTERNATIVE DISPUTE RESOLUTION MECHANISMS
The term “alternative dispute resolution” is often used to describe a wide variety of
dispute resolution mechanisms that are short of, or alternative to, full scale court
processes. The process is less formal, less expensive and it saves time. Parties prefer
ADR because it puts them in the driving seat by giving them the power to design the
proceeding in such a way to suit their needs. It is categorized into non-binding and
4|Page
