A CRITIQUE OF THE CONCEPT OF LIMITATION PERIOD UNDER THE ARBITRATION AND MEDIATION ACT, 2023

Abstract

Many scholars greeted the Arbitration and Mediation Act, 2023 as a progressive stride in the development of the law. However, despite its novel features, findings reveal the Act is still inadequate in addressing the concept of limitation of time with regard to access to justice. This work found out that the concept of limitation period espoused within the confines of the Act is inadequate to meet the expectation of the law. While the Act provides for limitation period with respect to arbitration proceedings, the Act provides for suspension of the period of limitation with regard to mediation proceedings. The work further discovered that while arbitration rules cover limitation periods (as provided by the Act), there are no similar provisions towards mediation. The place of negotiation (as a transitory stage to either arbitration or mediation) was not contemplated by the Act. This work concludes that there is still to be done concerning limitation period under the Arbitration and Mediation Act to ensure access to justice. Thus, the writers have established that the provision relating to limitation period under the Act, still poses some challenges to the practitioners of Alternative Dispute Resolution that need to be addressed. This work uses doctrinal research, which refers to case laws, statutes and articles in peer-reviewed journals. Therefore, the aim of this article is to expand the frontiers of knowledge as well as jurisprudence of dispute resolution.