Resolution of Petroleum Disputes: Whither the Arbitration and Mediation Act 2023?
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U.V. Obi SAN
Published 14 October 2024
Abstract
The Arbitration and Mediation Act (AMA) 2023 creates a legal framework for mediation and seek to address the challenges plaguing arbitration practice in Nigeria. This legislation is critical to the petroleum industry, considering the commercial exigencies and preference for alternative dispute resolution (ADR) in the industry by the Petroleum Industry Act (PIA) 2021. Adopting the doctrinal research methodology, this study examined the implications of AMA on the petroleum industry and its interaction with the PIA. It is found that the Act has successfully created clarity in mediation practice and instances the court may intervene in arbitration proceedings. It is, however, observed that the creation of the Award Review Tribunal (ART) did not successfully reduce the courts’ intervention in arbitration process; rather, it added another layer of protocol to the arbitration process. It is also noted that AMA still maintains a subservient position to PIA and other industry regulations on ADR.
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Suggested Citation
U.V. Obi SAN (2024, forthcoming) "Resolution of Petroleum Disputes: Whither the Arbitration and Mediation Act 2023?"
(TDM, ISSN 1875-4120) October 2024, www.transnational-dispute-management.com
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