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133 J.L. Pol'y & Globalization 1 (2023)

handle is hein.journals/jawpglob133 and id is 1 raw text is: 



ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)                                                            I
Vol.133, 2023                                                                                         lisE


   An Examination of the Effectiveness of Banking Arbitration in

                                               Nigeria

                        PROFESSOR ABIODUN AMUDA-KANNIKE SAN, FCArb
                 Dean, Faculty of Law, Kwara State University, Malete via Ilorin, Kwara State
                                             Tel:08033256756
                 Email: amudakannikeabiodun@gamail.com; abiodun.kannike@kwasu.edu.ng
  He is a fellow of the Nigerian Institute of Chartered Arbitrators (NICARB).He is also an associate Member of
  the  Nigerian Institute of Taxation and at same time Fellow of the Chartered Institute of Economics; Fellow
                            Chartered Institute of Arts, Management Professionals

                                    YUSUF AMUDA-KANNIKE, ESQ
                                             Legal Practitioner
                                             Tel:07067239215
                                    Email: yusufamuda306@gmail.com

                                 GLORIA OLUCHI JUDE-AKARAONYE
   Gloria Oluchi Jude-Akaraonye (L.L.B) Hons. A  Legal Scholar and graduate of National Open University of
                              Nigeria, Port-Harcourt Study Center, Rivers State
                                Tel: +234 706 251 7974, +234  912 2523 256
                                          judegloriao@gmail.com

ABSTRACT
Banking  is crucial sector in any economy  and Nigeria is no exception. In Nigeria, the banking industry is
regulated by the Central Bank  of Nigeria (CBN),  and disputes between banks  and their customers are often
settled through arbitration. This paper examines banking arbitration effectiveness in Nigeria. The paper provides
an overview  of the Nigerian banking industry and arbitration's role in resolving disputes. It then examines the
effectiveness of banking arbitration in Nigeria by analyzing the procedures  and processes involved  in the
arbitration process. It also analyzes the level of compliance by banks  with  arbitration decisions, and the
perception of the public towards banking  arbitration. The findings of the paper suggest that while banking
arbitration in Nigeria has resolved disputes between banks and their customers, there are still some challenges to
be addressed. Which  includes the slow pace of arbitration proceedings, inadequate training and accreditation of
arbitrators, and lack of transparency in the arbitration process. Overall, the paper concludes that banking
arbitration in Nigeria is an effective means of resolving disputes between banks and their customers. However,
there is room for improvement.   Stakeholders in the banking industry need to work  together to address the
challenges and ensure the arbitration process is fair, transparent, and efficient.
Keywords:   Banking, Arbitration, Effectiveness, Nigeria, Examination, Dispute Resolution.
DOI:  10.7176/JLPG/133-01
Publication date:June 30th 2023

1.0 INTRODUCTION
Banking  arbitration is an alternative dispute resolution (ADR) commonly used in the banking sector to resolve
disputes between banks  and their customers'. In Nigeria, banking arbitration effectiveness has been a topic of
much  discussion, with many stakeholders debating the benefits and drawbacks of this approach.2
     This examination  evaluates the effectiveness of banking arbitration in Nigeria. This examination will
consider a range of factors, including the legal framework for banking arbitration.3 It will also consider the
processes and procedures  involved in arbitration,4 and the outcomes of arbitration cases. One of the primary
goals of this study is to determine whether banking arbitration is an effective means of resolving disputes in
Nigeria'. This examination will also consider the pros and cons of arbitration, such as its speed and efficiency.6 It

' Akintunde, J. O. (2018). Alternative Dispute Resolution in the Nigerian Banking Industry: Banking Arbitration as a Viable Option. Journal
of Law, Policy and Globalization, 77, 96-105.
2 Ogbonda, M., & Eze, S. (2019). Assessing the Effectiveness of Arbitration as a Dispute Resolution Mechanism in the Nigerian Banking
Industry. International Journal of Social Sciences and Humanities Reviews, 9(1), 74-83.
3Ibid
4 Sani, U. B., & Badmus, I. O. (2017). The Role of Arbitration in the Resolution of Banking Disputes in Nigeria. Journal of Law, Policy and
Globalization, 65, 1-10.
5 Ogbonda, M., & Eze, S. (2019). Assessing the Effectiveness of Arbitration as a Dispute Resolution Mechanism in the Nigerian Banking
Industry. International Journal of Social Sciences and Humanities Reviews, 9(1), 74-83.rrr
6 Akintunde, J. O. (2018). Alternative Dispute Resolution in the Nigerian Banking Industry: Banking Arbitration as a Viable Option. Journal


1


Journal of Law, Policy and Globalization


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