ARBITRATOR INDEPENDENCE AND IMPARTIALITY UNDER THE ARBITRATION AND MEDIATION ACT, 2023: A CRITICAL EVALUATION OF ARBITRAL LEGITIMACY, ETHICAL CHALLENGES AND REFORM PROSPECTS

Abstract

The legitimacy of arbitration depends fundamentally on the independence and impartiality of arbitrators, which constitute the ethical and legal foundations upon which confidence in the arbitral process, procedural fairness, and the enforceability of arbitral awards are built. The enactment of Nigeria’s Arbitration and Mediation Act 2023 represents a comprehensive reform of the country’s arbitration regime and reflects a deliberate legislative effort to align domestic arbitration practice with internationally recognised standards. While the Act introduces significant innovations designed to enhance arbitral integrity, questions remain as to whether legislative reform alone is capable of addressing the increasingly complex ethical and structural challenges confronting contemporary arbitration. This article evaluates the adequacy of the Arbitration and Mediation Act 2023 in safeguarding arbitrator independence and impartiality as essential determinants of arbitral legitimacy in Nigeria. Adopting a doctrinal and comparative research methodology, it analyses the Act alongside the UNCITRAL Model Law, the International Bar Association (IBA) Guidelines on Conflicts of Interest in International Arbitration, contemporary international jurisprudence, and selected Nigerian judicial decisions, among other sources. The article argues that although the Arbitration and Mediation Act 2023 substantially modernises Nigeria’s legal framework governing arbitrator independence and impartiality, its effectiveness is constrained by ethical and institutional deficiencies that statutory regulation alone cannot remedy. It concludes that strengthening these complementary safeguards is essential not only to preserving confidence in arbitral justice but also to consolidating Nigeria’s position as a credible and competitive seat of arbitration in Africa.