Cynthia Ezekwe
Edith Onwuchekwa, the director, legal, and company secretary of Seplat Energy Plc, has underscored the need for the adoption of advanced technology in order to improve the efficiency and reliability of the arbitration process.
Speaking during a panel session tagged “Making a Safe Arbitration Seat: Cultivating Trust, Efficiency, and Reliability in Dispute Resolution”, at the Nigerian Bar Association Annual General Conference 2024, Onwuchekwa pointed out that the use of modern day technology will promote an efficient, and accessible central database on the arbitration system of Africa’s largest economy.
“Nigeria is on the right path towards ensuring domestic and international stakeholders. We have done this through the 2023 Arbitration and Mediation Act that adopts well-accepted international standards, such as the UNCITRAL Model Law and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. For example, mandatory compliance with arbitration agreements, interim measures, emergency arbitrator, virtual proceedings, etc,” Onwuchekwa said.
The legal director pointed out that the present arbitration system has the major challenge of multi-appellate stages for challenging arbitral awards, while stressing the need to curtail the process, and build an efficient and trustworthy system.
Onwuchekwa also called for regular publication of data and reports on the outcome of arbitrations, with parties’ consent or on a no-names basis, adding that the public documents would give better visibility of the way arbitration proceedings are conducted and awards are delivered; thus, creating a system of precedence that gives greater assurance to practitioners and users of the system.
“We need to develop world-class arbitration facilities and digital infrastructure to provide efficient and accessible arbitration services; build capacity in Nigeria by promoting education and training programs for practitioners, businesses, and the public on the benefits and processes of arbitration; run public Awareness Campaigns on domestic and international platforms to highlight Nigeria’s capabilities and advancements in arbitration.
“Our arbitration institutions should foster strategic partnerships and collaborate with renowned international arbitration institutions to adopt best practices and provide cross-border knowledge sharing,” she noted.
The Seplat Energy legal director advocated the establishment of a robust mechanism for providing, receiving and implementing feedback and complaints, to address parties’ concerns promptly and effectively. This, she noted, encourages engagement and builds trust in a system that is continuously improving, stressing that arbitration is vital across various sectors of the economy.
According to Onwuchekwa, efficiency, accountability, transparency, competency and ethics in the system are vital tools that will enhance trust and credibility in the arbitration system of Nigeria.
Speaking on the need to strengthen competency and ethics, she said: “There is a need for practitioners in the arbitration space to have the orientation,and where necessary re-education, as the primary goal of arbitration is for disputes to be resolved in a swift and efficient manner.
“It is key to enforce the continuous professional development for arbitrators and practitioners, to ensure that they maintain high standards of competency and ethics, particularly in alignment with global best practice.’’
The Seplat energy legal director pointed out that the country is at a pivotal point where it needs to establish a structure that attracts more foreign direct investment and private participation across industries, adding that these potential investors will look to a credible, efficient and reliable arbitration system to resolve their commercial disputes whenever there is the need.
