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Ojo, A E and Akinradewo, F O (2011) Essentials in arbitration clause for construction contract dispute resolution in Nigeria. In: Egbu, C and Lou, E C W (Eds.), Proceedings 27th Annual ARCOM Conference, 5-7 September 2011, Bristol, UK. Association of Researchers in Construction Management, 613–22.
- Type: Conference Proceedings
- Keywords: arbitration; arbitration and conciliation act 1988; contract agreement; dispute resolution; Nigeria
- ISBN/ISSN: 978-0-9552390-5-2
- URL: http://www.arcom.ac.uk/-docs/proceedings/ar2011-0613-0622_Ojo_Akinradewo.pdf
- Abstract:
Occurrence of construction contract disputes indicates that the current approaches to provision of dispute resolution clauses in construction contract agreements are inadequate. This inadequacy may be due to shortcomings of dispute resolution clauses in the contracts agreement and or the ignorance of contracting parties in many areas concerning dispute resolution clause drafting. Hence, considering the key ingredients of typical dispute resolution clause in both domestic and international perspectives with emphasis laid on arbitration clause, the research reviewed the Nigerian Arbitration and Conciliation Act (ACA), 1988, some other relevant laws and decided court cases. It discovered considerations like appointment of arbitrators, method of selecting arbitrators, place of arbitration, language of arbitration etc. as essentials ingredients. The research concluded that construction contract dispute resolution agreement should be couched considering provisions of relevant laws and statues, factors relating to the construction project environment etc. It recommended a model dispute resolution clause and harmonization of arbitration laws in Nigeria in order to mitigate likely dispute, project risks and to achieve project objectives.