Guerrilla Tactics in Arbitration Practice in Nigeria: A Critical Analysis of the Legal and Institutional Framework

Abstract

Arbitration has become an essential mechanism for resolving domestic and international commercial disputes due to its flexibility, confidentiality, party autonomy, and procedural efficiency. In Nigeria, the importance of arbitration as a means of promoting commercial certainty and investment protection has been reinforced by the enactment of the Arbitration and Mediation Act 2023 (AMA), which replaced the Arbitration and Conciliation Act 1988 and introduced reforms consistent with international arbitration standards, particularly the UNCITRAL Model Law. Despite these developments, arbitral proceedings remain susceptible to procedural abuses commonly described as guerrilla tactics. Guerrilla tactics involve deliberate attempts by parties or their representatives to obstruct, delay, or manipulate arbitration proceedings for strategic advantage. These practices may include frivolous challenges to arbitrators, excessive procedural applications, jurisdictional objections, non compliance with tribunal orders, and efforts to frustrate the enforcement of arbitral awards. While procedural safeguards are necessary to protect fairness and due process, their misuse threatens the efficiency, credibility, and finality of arbitration. This article critically examines Nigeria’s legal and institutional framework for addressing guerrilla tactics in arbitration, with particular emphasis on the Arbitration and Mediation Act 2023. It evaluates provisions relating to arbitrator challenges, tribunal powers, interim measures, enforcement mechanisms, and judicial support for arbitration, while also considering professional ethics, arbitration institutions, and international standards under the UNCITRAL framework. The article argues that legislative reform alone cannot effectively eliminate procedural abuse. Combating guerrilla tactics requires proactive tribunal management, ethical compliance by practitioners, institutional oversight, effective cost sanctions, and a balanced judicial approach. It concludes that Nigeria’s modern arbitration regime provides a strong foundation for efficient dispute resolution, but its effectiveness depends on consistent enforcement of safeguards that preserve the integrity and finality of arbitral proceedings.