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Osigwe, others reiterate ideals of alternative dispute resolution

Published 6 days ago4 minute read

Osigwe called for a change in this narrative to ensure that parties who choose arbitration as a reliable and expeditious means of settling commercial disputes do not lose faith in the process.

   In her remarks, Prof Ufot, the chief host and ICC co-member, said the theme of the conference was strategically chosen to reflect ICCN’s commitment to innovation and progress in dispute resolution. 

   She emphasised the importance of collaboration, innovation and inclusivity in reimagining dispute resolution for a more efficient, effective, and accessible system that benefits all stakeholders.

   Ufot pointed out that the reason people opt for arbitration is to avoid lengthy court battles. She noted that commercial transactions leading to arbitration are often complex and require specialised expertise. 

   However, she expressed concern that arbitration is becoming as time-consuming as litigation, which undermines the purpose of the process.  Ufot also highlighted the challenge of enforcing arbitration awards, as losers often resist payment, leading to further legal proceedings.

   She pointed out that in advanced countries, parties trust the arbitration process and comply with awards, while in Nigeria and other African countries, there is a lack of voluntary compliance with arbitration awards. 

   This lack of compliance, she said, leads to further legal battles and delays in resolving disputes.  She also spoke on the role of the National Judicial Council (NJC) in Nigeria and its impacts on arbitration cases.

   She underscored the need for reforms to streamline the process and ensure that arbitration awards are enforced promptly, emphasising the importance of upholding the rule of law and fostering diversity, equity and inclusion in dispute resolution.

   Beyond these challenges, the Director for Arbitration and Alternative Dispute Resolution (ADR) in Africa at the ICC International Court of Arbitration, Diamana Diawara, said much progress has been made.

   According to her, over 100 years, the ICC Court of Arbitration remains the global leader in district reservation, administering nearly 29,000 cases to date, and handling thousands more each year across diverse seats and jurisdictions.

   Diawara, represented by the Deputy Director of Arbitration and ADR for Africa at the ICC International Court of Arbitration, Amara Inegbenoise, said disputes are rising from active economic sectors such as construction, engineering, energy, including mining, which forms a significant part of the energy value chain in Africa, and transportation sectors from the largest number of ICC cases, representing 50.3 per cent of all newly registered cases.

   “In 2024, ICC recorded 113 African cases, representing 13.6 per cent of the total number of cases in our geographical breakdown.

   “A total of 194 African parties, representing around eight per cent of global parties in new cases. These cases originated from 31 African countries, and include 10 Nigerian parties, 22 Ghanaian parties, 21 Senegalese parties, and 14 South African parties,” she disclosed.

   In the same year, ICC reported that 11 African countries were selected as places of arbitration, and these countries include Nigeria, Kenya, Morocco, Zambia, Algeria, Uganda, South Africa, and Tanzania. 

   This reflects increased activity and institutional development in the region. Still, in 2024, a total of 58 arbitrators from Africa, including 10 Nigerians, were appointed or confirmed by the ICC during the year, highlighting the increasing trust in African professionals to serve on international cases. 

   In the past year, while 90 per cent of new cases worldwide were of state and state-owned entities, close to around 32 per cent were African parties, and they belong to the same category, thus confirming that African states and state-owned entities trust the ICC structure to handle their disputes. 

   Africa’s participation is not limited to arbitration, as in the same year, African parties also featured in mediation and expert proceedings, with mediators from Nigeria and other parts of the continent appointed to manage complex disputes across industries and borders.

   In April 2025, the ICC launched its new, brand new, CaseConnect platform powered by Opus2, a next-generation digital case management platform that enables secure e-filing, real-time communication, and streamlined collaboration between parties and treaters and secretariats. 

   With thousands of users worldwide, it enhances transparency, efficiency, and accessibility, bringing modern, tech-enabled dispute resolution even closer to users across Africa. 

   Overall, the conference highlighted the progress made in arbitration and ADR in Africa with a growing number of cases being handled by the ICC Court of Arbitration.

   The Secretary General of the International Court of Arbitration and the Director of ICC Dispute Resolution Services, Alexander G. Fessas, who delivered the keynote address virtually, said Nigeria is recognised as Africa’s largest economy and a hub of entrepreneurial dynamism.

   He emphasised the need for continued collaboration and innovation to address the challenges faced in dispute resolution and ensure a more efficient and accessible system for all stakeholders.

   The ICC’s commitment to upholding the highest standards for arbitration integrity while enhancing accessibility and efficiency for businesses in Africa was reiterated with a focus on expanding regional presence to better serve the growing demand for international dispute resolution services.

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The Guardian Nigeria News - Nigeria and World News
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