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An Arbitration Submission Agreement is your pathway to resolving existing disputes outside Nigeria's court system through private arbitration proceedings. When you and another party find yourselves in a commercial or civil dispute, this agreement allows you to bypass traditional litigation and instead submit your matter to qualified arbitrators who can deliver binding decisions under Nigerian law.

When do you need this document?

You need an Arbitration Submission Agreement when you have an active dispute but lack a pre-existing arbitration clause in your original contract. This commonly occurs in business relationships where parties initially planned to resolve disputes through courts but later recognize arbitration's advantages. The document is particularly valuable for international commercial disputes involving foreign investors, joint venture disagreements, construction project conflicts, or intellectual property disputes where you require specialized expertise and confidential proceedings. Nigerian companies dealing with multinational corporations often prefer this route to avoid lengthy court procedures and ensure enforcement under international treaties.

Key legal considerations

Your agreement must clearly define the dispute's scope to prevent future disagreements about what issues the arbitrator can decide. You need to specify the number of arbitrators, their qualifications, and the selection process, as this directly impacts both costs and expertise available for your case. The choice of arbitration rules is crucial鈥攜ou can select institutional rules like Lagos Court of Arbitration or International Chamber of Commerce rules, or design ad-hoc procedures. Your agreement should address the seat of arbitration, applicable substantive law, language of proceedings, and confidentiality requirements. Consider including provisions for interim measures, document disclosure procedures, and cost allocation between parties to avoid disputes during the arbitration process.

Legal requirements in Nigeria

Under the Nigerian Arbitration and Conciliation Act (ACA), your submission agreement must be in writing and signed by all parties to be legally enforceable. The agreement should comply with constitutional requirements ensuring due process and fundamental rights protection throughout the arbitration proceedings. If your arbitration is seated in Lagos State, additional Lagos State Arbitration Law 2009 provisions may apply, offering enhanced procedural frameworks. For international disputes, ensure your agreement aligns with Nigeria's obligations under the New York Convention for future award enforcement. The Evidence Act 2011 governs what documents and testimony will be admissible during proceedings, so structure your agreement to facilitate proper evidence presentation. Remember that Nigerian courts retain supervisory jurisdiction over arbitration proceedings, particularly for interim measures and setting aside applications, so your agreement should account for potential court involvement when necessary.