Arbitration Rules
1. Where parties have agreed to refer their disputes to the Nigerian Institute of Chartered Arbitrators (NICArb), a registered trade mark of Chartered Institute of Arbitrators, Nigeria, for arbitration, the parties shall be deemed to have agreed that the arbitration be conducted and administered in accordance with NICArb Arbitration and Alternative Dispute Resolution Centre Rules (AADRC Rules), subject to modifications as the parties may agree in writing. If any of these rules is in conflict with a mandatory provision of the applicable law of the arbitration from which the parties cannot derogate, that provision shall prevail.
2. Where the parties to a contract have incorporated the model arbitration clause of the Institute, or have agreed in writing that their dispute be referred to the Institute, the AADRC Rules shall apply in the administration and conduct of the reference and the President, through the Registrar, as the Chief Executive and appointing authority, shall, unless otherwise provided in these Rules, exercise all powers conferred on the Institute.
3. The Rules include the 2020 Guidance Rules on Virtual Arbitral Proceedings.
4. The Rules include the Table of Administrative Charges of the Centre and Table of Arbitrators' Fees in effect at the commencement of the arbitration
5. In these Rules
- "Award" means a decision of the tribunal on the substance of the dispute and includes an interim, interlocutory, partial or final award.
- “Centre” means NICArb's Arbitration and Alternative Dispute Resolution Centre
- "Institute" means the Nigerian Institute of Chartered Arbitrators (NICArb) a registered trade mark of the Chartered Institute of Arbitrators, Nigeria, No. 10, Adedeji Adekola Close, off Freedom Way, Lekki Phase 1, Lekki, Lagos State, Nigeria.
- “Chief Operating Officer” means the Chief Operating Officer of the Institute.
- "President" means the President and Chairman of the Governing Council of the Institute.
- "Registrar" means the Registrar of the Institute, who shall also be the Registrar of the Centre.
- "Tribunal" includes a sole arbitrator or all the arbitrators where more than one is appointed.
2.1 For the purposes of these Rules, any notice, communication or proposal, shall be in writing. Any such written communication may be delivered or sent by a registered postal or courier service or transmitted by any form of electronic communication, including electronic mail, facsimile and telex or delivered by any means that provides a record of delivery. It is deemed to have been received if it is delivered to the addressee personally or if it is delivered to his/her habitual residence, place of business or mailing address. If none of these can be found after making reasonable inquiry, then at the addressee's last-known residence or place of business.
2.2 The notice, communication, or proposal is deemed to have been received on the day it is delivered.
2.3 For the purposes of calculating any period of time under these Rules, such period shall begin to run on the day following the day when a notice, communication or proposal is received. If the last day of such a period is an official holiday, the period is extended until the first business day which follows. Official holidays occurring during the running of the period of time are included in calculating the period
3.1 The party wishing to commence arbitration under these Rules (“Claimant”) shall submit to the President, through the Registrar and the other party (“Respondent”) a request for the arbitration, which shall include or be accompanied by the following:
a. a demand that the dispute be referred to arbitration;
b. the names, addresses, telephone numbers, and electronic mail addresses, if known, of the parties to the arbitration and their representatives, if any;
c. a reference to the arbitration clause or the separate arbitration agreement that is invoked and a copy of the contract out of or in relation to which the dispute arises; or, in the absence of such contract, a brief description of the relevant relationship;
d. a brief statement describing the nature and circumstances of the dispute, specifying the relief claimed, and where possible a quantification of the amount involved;
e. a statement of any matters which the parties have previously agreed as to the conduct of the arbitration or with respect to which the claimant wishes to make a proposal;
f. the relief or remedy sought;
3.2 The Request for Arbitration may also include:
a. the proposal as to the number of arbitrator(s), if this is not specified in the arbitration agreement;
b. the nomination of arbitrator(s); and
c. the Statement of Claim referred to in article 19.
3.3 The Request for Arbitration (including all accompanying documents) may be submitted to the President, through the Registrar in electronic form or otherwise.
3.4 The date of receipt of the Request for Arbitration by the President, through the Registrar shall be deemed the date of commencement of arbitration.
4.1 The parties may be represented or assisted by legal practitioner(s) or any other person(s) of their choice. The names and addresses of such persons must be communicated to the arbitral tribunal and to the other parties, such communication must specify whether the appointment is being made for purposes of representation or assistance.
4.2 Where a person is to act as a representative of a party, the arbitral tribunal, on its own initiative or at the request of any party, may at any time require proof of authority granted to the representative in such a form as the arbitral tribunal may determine
5.1 The Respondent shall send a response within 14 days of receipt of Request for Arbitration, which shall contain:
a. a confirmation or denial of all or part of the claims;
b. a brief statement of the nature, circumstances and quantification, if any, of any envisaged counterclaims; and
c. any comment in response to any statement contained in the Request for Arbitration under article 3 on matters relating to the conduct of the arbitration.
5.2 The Response may also include;
a. any comment to any proposal or nomination referred to in article 3.2; and
b. the nomination of an arbitrator.
5.3 The Respondent shall send the Response to the President, through the Registrar and shall confirm that a copy has been served or will be served on the Claimant.
6.1 A party wishing to join an additional party to the arbitration shall submit its request for arbitration against the additional party (the “Request for Joinder”) to the Registrar. The date on which the Request for Joinder is received by the Registrar shall, for all purposes, be deemed to be the date of the commencement of arbitration against the additional party. Any such joinder shall be subject to the provisions of articles 6(3)– (4) of these Rules. Unless all parties, including the additional party, otherwise agree or as provided under these Rules, no additional party may be joined after the confirmation or appointment of any arbitrator. The Registrar may fix a time limit for the submission of a Request for Joinder.
6.2 The Request for Joinder shall contain the following information:
a) the case reference of the existing arbitration;
b) the name in full, description, address and other contact details of each of the parties, including the additional party; and
c) the information specified in article 3.1, subparagraphs (b) – (g)
6.3 The party filing the Request for Joinder may submit therewith such other documents or information as it considers appropriate or as may contribute to the efficient resolution of the dispute.
6.4 The provisions of article 3.1 shall apply, mutatis mutandis, to the Request for Joinder.
6.5 The additional party shall submit an Answer in accordance, mutatis mutandis, with the provisions of article 5(1)– (2). The additional party may make claims against any other party.
6.6 Any Request for Joinder made after the confirmation or appointment of any arbitrator shall be decided by the arbitral tribunal once constituted and shall be subject to the additional party accepting the constitution of the arbitral tribunal. In deciding on such a Request for Joinder, the arbitral tribunal shall take into account all relevant circumstances, which may include whether the arbitral tribunal has prima facie jurisdiction over the additional party, the timing of the Request for Joinder, possible conflict of interests and the impact of the joinder on the arbitral procedure. Any decision to join an additional party is without prejudice to the arbitral tribunal's decision as to its jurisdiction with respect to that party.
7.1 Unless the parties have agreed otherwise or unless it appears to the President, through the Registrar, giving due regard to any proposals by the parties, the complexity, the quantum involved or other relevant circumstances of the dispute, that the dispute warrants the appointment of three arbitrators, a sole arbitrator shall be appointed.
7.2 If the parties have agreed that any arbitrator is to be appointed by one or more of the parties, or by any third person(s) including the arbitrators already appointed, that agreement shall be treated as an agreement to nominate an arbitrator under these Rules.
7.3 The terms of appointment of the arbitrator(s) shall be fixed by the President, through the Registrar in accordance with these Ruses and Practice Notes for the time being in force.
7.4 In all cases, an arbitrator shall not be deemed appointed until confirmed by the Registrar. He shall confirm an arbitrator as soon as practicable upon the arbitrator accepting his appointment in writing.
8.1 If a sole arbitrator is to be appointed by parties as agreed in writing, either party may propose to the other the name(s) of one or more persons, one of whom serves as the sole arbitrator. On the other hand, a sole arbitrator shall be appointed by the President, through Registrar if the parties' arbitration agreement is silent on the mode of appointment.
8.2 If within 21 days after receipt by the President, through the Registrar of the Request for Arbitration made in accordance with article 3, the parties have not reached an agreement on the nomination of a sole arbitrator, the President, through the Registrar shall make the appointment as soon as practicable.8.3 A decision of the Registrar under this article shall not be subject to appeal.
9.1 If three arbitrators are to be appointed as agreed in writing, each party shall nominate one arbitrator. The third arbitrator, who will act as the presiding arbitrator, shall be appointed by the Registrar.
9.2 Where the parties have agreed in writing that the party appointed arbitrators shall appoint the third and presiding arbitrator and the two appointed arbitrators fails to do so within 21 days of the second appointment, the President, through the Registrar shall appoint the third and presiding Arbitrator
9.3 If within 21 days after the receipt of a party's notification of the appointment of an arbitrator the other party has not notified the first party of the arbitrator he has appointed, the first party may request the President, through the Registrar to appoint the second arbitrator. The Centre shall make such appointment, taking into account the advisability of appointing an arbitrator of a nationality other than the nationalities of the parties and with the requisite expertise
10.1 Where there are more than 2 parties in the arbitration, the parties may agree on the procedure for appointment of arbitrators.
10.2 If the parties are unable to agree on the procedure for appointment of arbitrators within 21 days of receipt of the Request for arbitration, or if the agreed procedure fails, the arbitrator(s) shall be appointed by the President, through the Registrar as soon as practicable.
10.3 A decision of the President, through the Registrar under this Article shall not be subject to appeal.
10.4 Where the parties have agreed that any arbitrator is to be appointed by any third person named as an appointing authority, that agreement shall be treated as an agreement to nominate an arbitrator. The Registrar may refuse to appoint any such nominee if it determines that such nominee is not suitable or likely to be independent or impartial, in which event the Registrar shall make an alternative appointment.
10.5 Where the parties have agreed that any arbitrator is to be appointed by any third person as an appointing authority, but the name of such appointing authority is not specified, that agreement shall be treated as an agreement that the Centre shall act as appointing authority.
10.6 The provisions of articles 8 and 9, dealing with the appointment of one or more arbitrators, shall apply as necessary to the provisions of this article.