Experts call for proper training of judges on arbitral matters matters
Experts in arbitration have said that there is an urgent need for judges to embrace arbitration and to be properly trained to understand the intricacies of arbitral matters to avoid errors in conflict resolution.
This call is coming at a time when people are beginning to embrace arbitration as an alternative method of resolving conflicts and judges are be coming overwhelmed by congested court matters, which could be easily resolved using arbitration method.
Speaking during the Lagos Court of Arbitration-Young Arbitrators Network (LCA-YAN) symposium, Olasupo Shasore, Partner, Ajumogobia & Okeke said that in order to abide by the principles guiding arbitration, judges need a lot more training.
“I believe that arbitration is something that is commonsensical. It is not technical, it is just an area that needs to be understood, trained in and learnt properly.
“When arbitration matters come before judges who are trained lawyers and they are not trained in arbitration, we find that it is easy for judges to make errors that have far reaching effects.
“A lot is happening already by way of judicial interaction in the area of training. This is to be carried on and go all the way on to the other courts,” Shasore added.
He explained that arbitration has become a very important part of dispute settlement system, adding that the court system is challenging that is why people are embracing the arbitration system.
Mark Clarke, Partner, White & Case, insists that in order to make arbitration internationally accepted, Nigeria needs to have a court system, which upholds the principles of arbitration, respects the arbitration process and allows the process run its course.
“We need to have a judiciary which respects the autonomy of the process. The judiciary needs to understand the purpose of arbitration and the autonomy of the parties to choose arbitration as a dispute resolution procedue,” Clarke added.
Isaiah Bozimo, chairman, advisory Board, LCA Young Arbitrators Network said the idea behind the young arbitrators network is to sensitise young members below 40 years of the arbitrary process and the intricacies of the process.
“The idea is to try to make senior members more approachable, build a network of opportunities for younger members and allow them grow into the arbitration community,” Bozimo added.
On his part, Kolawole Mayomi, Partner, S.P.A Ajibade & Co., acknowledged that it was time for judges to become more interested in arbitration as a way of decongesting their dockets – which is still a critical issue in the court system today.
Mayomi said arbitration helps decongest the courts and help the judges focus and organise their dockets; while deciding matters before them expeditiously.
“However, it is unfortunate that some judges still consider arbitration as a threat and a competition, hence the need to disabuse their minds and showing them how it actually helps the work progress better”, he added.
The LCA-YAN events provide young members with the opportunity to gain insight into industry dynamics and understand best practices and career advancement options through these discussion series and to give them the benefits of participating in other forms such as mentorship.
Ifeoma Okeke