Efficiency, Accountability, Ethics Key to a Robust Arbitration Process – Onwuchekwa
To bolster the trust and credibility of Nigeria’s arbitration system and position the country as a leading arbitration hub, it is essential to prioritize efficiency, accountability, transparency, competence, and ethics. This was the key message delivered by Mrs. Edith Onwuchekwa, Director Legal and Company Secretary of Seplat Energy Plc, during the Nigerian Bar Association Annual General Conference 2024 in Lagos.
Speaking at a panel session titled “Making a Safe Arbitration Seat: Cultivating Trust, Efficiency, and Reliability in Dispute Resolution,” Onwuchekwa emphasized the importance of implementing clear and consistent procedural rules that parties can easily understand and adhere to. She advocated for the regular publication of data and reports on arbitration outcomes, with appropriate consent, to enhance transparency and create a system of precedence that builds confidence among practitioners and users.
Onwuchekwa also stressed the need for a robust feedback mechanism to address parties’ concerns promptly, fostering a culture of continuous improvement in the arbitration system. Highlighting the significance of arbitration across various sectors, including the energy industry where Seplat operates, she called for the enforcement of strict ethical guidelines and conflict-of-interest rules, along with continuous professional development for arbitrators and practitioners to maintain high standards aligned with global best practices.
“There is a need for practitioners in the arbitration space to have the right orientation, and where necessary, re-education, to ensure swift and efficient dispute resolution,” Onwuchekwa said. She also advocated for mentorship programs to guide less experienced practitioners under the tutelage of seasoned arbitrators.
Onwuchekwa further underscored the importance of leveraging modern technology to enhance the efficiency and accessibility of the arbitration system. She praised Nigeria’s progress, citing the 2023 Arbitration and Mediation Act, which adopts international standards such as the UNCITRAL Model Law and the New York Convention. However, she noted that further efforts are needed to build on these initiatives and secure the confidence of both domestic and international stakeholders.
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“The arbitral process must be seen as efficient and trustworthy,” she said, pointing out that the current system’s multi-appellate stages for challenging arbitral awards could undermine its effectiveness. She called for the development of world-class arbitration facilities, digital infrastructure, and public awareness campaigns to highlight Nigeria’s capabilities in arbitration.
Onwuchekwa concluded by emphasizing that Nigeria is at a pivotal point where establishing a credible, efficient, and reliable arbitration system is crucial for attracting foreign direct investment and private sector participation across industries. Potential investors, she noted, will seek a trustworthy arbitration system to resolve commercial disputes effectively.
Source: Seplat
