Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
Towards a more effective legal framework for investor-state arbitration in Nigeria
There has been a backlash against the Investor State Dispute Settlement (ISDS) system in recent times. Amongst other complaints, critics have argued that the ISDS whittles down the regulatory powers of states in favour of private adjudicators. These criticisms are premised on the fact that unlike co...
Saved in:
| Main Author: | |
|---|---|
| Other Authors: | |
| Format: | Thesis |
| Language: | English |
| Published: |
Department of Commercial Law
2021
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613541421285376 |
|---|---|
| access_status_str | Open Access |
| author | Aluko, Adebowale |
| author2 | Bosman, Lise |
| author_browse | Aluko, Adebowale Bosman, Lise |
| author_facet | Bosman, Lise Aluko, Adebowale |
| author_sort | Aluko, Adebowale |
| collection | Thesis |
| description | There has been a backlash against the Investor State Dispute Settlement (ISDS) system in recent times. Amongst other complaints, critics have argued that the ISDS whittles down the regulatory powers of states in favour of private adjudicators. These criticisms are premised on the fact that unlike commercial arbitration, investment arbitration awards may have far reaching effects on states. In response to these concerns, the United Nations Commission on International Trade Law (UNCITRAL) Working Group III and other similar bodies have been tasked to carry out reforms to address some of these issues. In spite of ongoing reforms, criticisms have continued with some countries abandoning the investor-state arbitration mechanism altogether. In Nigeria, the state of crisis in the judiciary has necessitated the need for a viable alternative to litigation. The ISDS framework therefore remains the preferrable option for the resolution of investment disputes. There have been recent attempts to amend the Arbitration and Conciliation Act 11 of 1988. Also, the Nigerian Investment Promotion Commission recently announced plans to reform the country's investment law framework. It is in the light of these developments that this research has been undertaken to examine the flaws in Nigeria's investment arbitration framework and reforms that may be introduced to address them. In making a case for the retention of the ISDS framework in Nigeria, this study critiques Nigeria's investment arbitration framework and explores a number of recommendations towards addressing current challenges. It is argued that the proposed solutions will improve the effectiveness of Nigeria's investment arbitration framework especially with respect to the legal framework for the consent of the Nigerian government to ICSID arbitration and in the area of court assisted measures and post-arbitral award litigation. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/33622 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:37:47.425Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/33622 Towards a more effective legal framework for investor-state arbitration in Nigeria Aluko, Adebowale Bosman, Lise Adams, Faadhil Commercial Law There has been a backlash against the Investor State Dispute Settlement (ISDS) system in recent times. Amongst other complaints, critics have argued that the ISDS whittles down the regulatory powers of states in favour of private adjudicators. These criticisms are premised on the fact that unlike commercial arbitration, investment arbitration awards may have far reaching effects on states. In response to these concerns, the United Nations Commission on International Trade Law (UNCITRAL) Working Group III and other similar bodies have been tasked to carry out reforms to address some of these issues. In spite of ongoing reforms, criticisms have continued with some countries abandoning the investor-state arbitration mechanism altogether. In Nigeria, the state of crisis in the judiciary has necessitated the need for a viable alternative to litigation. The ISDS framework therefore remains the preferrable option for the resolution of investment disputes. There have been recent attempts to amend the Arbitration and Conciliation Act 11 of 1988. Also, the Nigerian Investment Promotion Commission recently announced plans to reform the country's investment law framework. It is in the light of these developments that this research has been undertaken to examine the flaws in Nigeria's investment arbitration framework and reforms that may be introduced to address them. In making a case for the retention of the ISDS framework in Nigeria, this study critiques Nigeria's investment arbitration framework and explores a number of recommendations towards addressing current challenges. It is argued that the proposed solutions will improve the effectiveness of Nigeria's investment arbitration framework especially with respect to the legal framework for the consent of the Nigerian government to ICSID arbitration and in the area of court assisted measures and post-arbitral award litigation. 2021-07-20T07:31:37Z 2021-07-20T07:31:37Z 2021 2021-07-15T09:10:19Z Master Thesis Masters LLM http://hdl.handle.net/11427/33622 eng application/pdf Department of Commercial Law Faculty of Law |
| spellingShingle | Commercial Law Aluko, Adebowale Towards a more effective legal framework for investor-state arbitration in Nigeria |
| thesis_degree_str | Master's |
| title | Towards a more effective legal framework for investor-state arbitration in Nigeria |
| title_full | Towards a more effective legal framework for investor-state arbitration in Nigeria |
| title_fullStr | Towards a more effective legal framework for investor-state arbitration in Nigeria |
| title_full_unstemmed | Towards a more effective legal framework for investor-state arbitration in Nigeria |
| title_short | Towards a more effective legal framework for investor-state arbitration in Nigeria |
| title_sort | towards a more effective legal framework for investor state arbitration in nigeria |
| topic | Commercial Law |
| url | http://hdl.handle.net/11427/33622 |
| work_keys_str_mv | AT alukoadebowale towardsamoreeffectivelegalframeworkforinvestorstatearbitrationinnigeria |