The participation of foreign counsel in Nigeria-seated arbitration proceedings

Abstract With the growing reliance on arbitration as a mechanism for settling commercial disputes in Nigeria, the question of whether foreign counsel can represent parties in arbitration proceedings seated in Nigeria where the Arbitration and Mediation Act 2023 (‘AMA’) is adopted as the lex arbitri has become a focal point of legal discourse. This article explores the contrasting legal positions under the Arbitration and Conciliation Act 1988 (‘ACA’) and the newly enacted AMA. By examining the contrasting provisions of the ACA and the AMA, and their (potential) impact on arbitration proceedings and outcomes, this article contributes to a deeper understanding of the evolving dynamics within Nigeria’s arbitration sphere and provides insights for practitioners, scholars, and policymakers alike.