THE APPLICATION OF ALTERNATIVE DISPUTE RESOLUTION MECHANISMS IN RESOLVING MARITIME DISPUTES IN NIGERIA: CHALLENGES AND PROSPECTS
Abstract
Maritime disputes in Nigeria make a significant part of the Nigerian legal system. This relevance is closely knitted with the fact that the maritime industry is one the biggest industries in Nigeria, contributing a huge quote to the Gross Domestic Product (GDP) of the country. However, disputes in this sector are often resolved via the channel of litigation. The delay and inefficient flow through this channel often hamper the growth of the maritime industry and the country. This project investigates the circumstances resulting from applying Alternative Dispute Resolution to maritime disputes by engaging a doctrinal research methodology. It compares the suitability of litigation and ADR mechanisms in resolving maritime disputes, given the specialised nature of maritime disputes. Further, it identifies the specific problems that frequent the application of ADR to dispute resolution generally and also to maritime disputes specifically. The work concludes that the absence of a comprehensive and uniform legal framework specifically addressing the engagement of ADR mechanisms in maritime disputes is a clog in the wheel of Nigerian maritime jurisprudence. Among other recommendations, the work strongly recommends that the legislative authority in Nigeria should promptly swing to action to fill this gap by enacting a maritime-specific ADR law. This recommendation promises to bolster the Nigerian maritime jurisprudence and foster quick and efficient dispensation of maritime disputes in Nigeria.
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