A COMPARATIVE ANALYSIS OF THE ARBITRATION AND CONCILIATION ACT 2004 AND THE ARBITRATION AND MEDIATION ACT 2023
Abstract
The enactment of the Arbitration and Mediation Act 2023 by the former President of the
Federal Republic of Nigeria, Muhammadu Buhari on 26th May 2023 altered the landscape and
legal framework of Alternative Dispute Resolution (ADR) in Nigeria particularly arbitration,
mediation and conciliation. The passing into law of the Arbitration and Mediation Act 2023
repealed the Arbitration and Conciliation Act 2004 and its provision automatically and
expressly. This long essay seeks to carry out a comparative analysis of the Arbitration and
Conciliation Act 2004 and the Arbitration and Mediation Act 2023. This study uses doctrinal
methods of research, statutes and secondary materials such as articles, textbooks and journal
publications to carry out its main aim and objectives. This long essay critically analyses and
examines the provisions of the Arbitration and Conciliation Act 2004 and the Arbitration and
Mediation Act 2023 separately before drawing out their similarities and differences. This study
also examines the challenges of the Arbitration and Conciliation Act 2004 and identifies the
solutions to the challenges of the Arbitration and Conciliation Act 2004 proffered by the
Arbitration and Mediation Act 2023. The findings of this long essay includes but not limited
to: existence of several differences in terms of structure, composition and provisions between
the Arbitration and Conciliation Act 2004 and the Arbitration and Mediation Act 2023; the two
Acts have a lot in common than expected; the Arbitration and Mediation Act 2023 adequately
and sufficiently provides, regulates and governs the previously unregulated mediation process.
This long essay suggested several pieces of advice and recommendations which can aid in
maximising the effectiveness of the Arbitration and Mediation Act 2023 and in boosting the
practice of ADR in Nigeria.
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