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Third-Party Funding as a Panacea for an Amicable Adjudication of International Arbitration Disputes in Nigeria under the Arbitration and Mediation Act 2023

  • Received : 2023.08.11
  • Accepted : 2023.09.01
  • Published : 2023.09.01

Abstract

This informative piece delves into the intriguing and crucial history of third-party funding in Nigeria and its application in the Arbitration and Mediation Act of 2023. The article analyses the impact of this funding on cross-border transactions while addressing concerns about mandatory disclosure. The absence of remedies or sanctions for non-disclosure is also a matter of concern that warrants thoughtful examination. The article looks closer at the role of courts, tribunals, and arbitral institutions in addressing gaps in the Act. Ultimately, it presents a well-considered set of recommendations for moving forward. Overall, this piece provides a comprehensive and insightful look into the intricate world of third-party funding and its significance within the Nigerian legal system.

Keywords

References

  1. Abayomi Okubote, Arbitration Finance in the Aftermath of a Pandemic: Third-Party Funding as the Magic Bullet (Africa Arbitration Blog, 29/03/2021) https://africaarbitration.org/2021/03/29/arbitration-finance-in-the-aftermath-of-a-pandemic-third-party-funding-as-the-magic-bullet/ accessed 25th August 2023
  2. ASA Bioenergy Holding A.G. and others v. Mr. Adriano Ometto and Adriano Ometto Agricola (2011) ICC Case No. 16176/JRF/CA
  3. Arbitration and Mediation Act, 2023
  4. Black's Law Dictionary, 7th Edition. (West Group Press, 1999)
  5. International Council for Commercial Arbitration, "Report of the ICCA-Queen Mary Task Force on Third Party Funding in International Arbitration." (April 2018)
  6. Kessington Egbor and Anor. v. Ogbebor [2015] LPELR 24902 (CA)
  7. Oloko v Ube [2001] 1 NWLR (pt 729) 161