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 of 27th Annual ARCOM Conference, 5-7 September 2011, Bristol, UK.
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.
| Item Type: | Conference Paper (Paper) |
|---|---|
| Uncontrolled Keywords: | arbitration; arbitration and conciliation act 1988; contract agreement; dispute resolution; Nigeria |
| Index terms: | dispute, resolution, Nigeria, construction project, drafting, conciliation, contracting party, arbitrator, agreements, arbitration, construction contract |
| Subjects: | contract formation, Geography, conflict resolution, profession, practitioner, dispute resolution, contract type, technical documentation, production management |
| Topics: | Stakeholder Management, Design Practice, Roles and Professions, Geographical Context, Contract Administration, Legal Issues, Procurement, Project Management |
| Descriptive scope: | 2 PC |
N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here