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24 May 2021

The year 2021 commenced on a good note as the Lagos Court of Arbitration (LCA) introduced the following:

Commercial Sports Arbitration, Mediation and Online Dispute Resolution Scheme


This scheme was developed to promote and facilitate access by sports men and women and all sports stakeholders to arbitration, mediation and online facilities for resolution of commercial sports disputes. The disputes is expected to be resolved in less than 90 days from their appointment or as soon as practicable.

Parties are advised to insert a recommended “Alternative Dispute Resolution” Clause in their sport clauses as proof of their obligatory performance. The clause if also to provide that the President, Lagos Court of Arbitration is to appoint the sole arbitrator or mediator. A written application is to be addressed to the President of the LCA for such an appointment to be made. This request is to be accompanied by a non-refundable fee of N50,000. This appointment shall also be made within 7 days of being appointed.

Documents only and online dispute resolution may be adopted for proceedings in order to further minimize cost. Statements of case and witness statements shall be encouraged to avoid exceeding 5,000 (Five Thousand Words).

Fees fixed for disputes involving different monetary values are as follows:

1. Arbitrator/Mediator Fees are fixed at N100,000 and all recoverable arbitration and party expenses will be capped at a maximum of N50,000 for values of N500,000 to N2,000,000.

2. Arbitrator/Mediator Fees are fixed at N300,000 and all recoverable arbitration and party expenses will be capped at a maximum of N70,000 for values of N2,000,000.01 to N10,000,000.00

3. Arbitrator/Mediator Fees are fixed at N500,000 and all recoverable arbitration and party expenses will be capped at a maximum of N130,000 for values of N10,000,000.01 to N50,000,000

4. Arbitrator/Mediator Fees are fixed at N750,000 and all recoverable arbitration and party expenses will be capped at a maximum of N200,000 for values of N50,00,000.01 to N100,000,00

The Micro, Small & Medium Enterprises (MSME) Arbitration, Mediation And Online Dispute Resolution Scheme


The Lagos Court of Arbitration and the Chartered Institute of Arbitrators (CIArb) collaboratively introduced the Micro, Small & Medium Enterprises (MSME) Arbitration, Mediation and Online Dispute Resolution Scheme in order to promote and facilitate access by Micro, Small and Medium Enterprises to arbitration, mediation and online facilities for resolution of commercial disputes.

The benefits of this Scheme are that it allows for minimized fees and pre-determined costs, speed, minimized formalities, simplicity, privacy and confidentiality, enforceability. An agreement is a pre-requisite for an arbitration or mediation to take place; this could take the form in contract documents, invoices or receipts issued in the course of business transactions provided that the recommended dispute resolution clause is inserted and signed upon. In the absence of a dispute resolution clause, a submission agreement or a jointly signed application for appointment of an Arbitrator or Mediator, which in this case will be taken as consent of both parties to submit to arbitration or mediation.

An application for appointment of an arbitrator or mediator by both parties in dispute is to be addressed to the Joint Board of the President of the Lagos Court of Arbitration and the Chairman of the CIArb (Lagos Branch).

This scheme covers disputes with monetary value from N250,000.00 to N10,000,000.00. The request for the appointment of an arbitrator or mediator must be accompanied by a non-refundable administrative fee of N10,000.00 and will be done within seven (7) days. The appointed arbitrator or mediator will issue a timetable for arbitration as well or set a date of mediation within 7 days of being appointed.

Any aspect of the proceedings which is not covered by the MSME Scheme Rules is to be regulated by the Lagos Court of Arbitration Expedited Arbitration Rules 2018, Lagos Court of Arbitration Expedited Mediation Guidelines 2018 or the Lagos Court of Arbitration Expedited Med/Arb Rules 2018 as the circumstances require.

The fees under this scheme is as follows:

i. Arbitrators/Mediators Fees for commercial disputes with monetary value from N250,000 to N1,000,000 is fixed at N50,000 and all other recoverable arbitration and party expenses capped at a maximum of N25,000

ii. Arbitrators/Mediators Fees for commercial disputes with monetary value from N1,000,000 to N2,000,000 is fixed at N100,000 and all other recoverable arbitration and party expenses capped at a maximum of N50,000

iii. Arbitrators/Mediators Fees for commercial disputes with monetary value from N2,000,000.01 to N5,000,000 is fixed at N250,000 and all other recoverable arbitration and party expenses capped at a maximum of N100,000

iv. Arbitrators/Mediators Fees for commercial disputes with monetary value from N5,000,000.01 to N10,000,000 is fixed at N400,000 and all other recoverable arbitration and party expenses capped at a maximum of N200,000

Training


The annual training school of the Lagos Court of Arbitration is set to hold in September 2021. We also have several other training programs in the pipeline for the year. More details will be circulated and we invite members to check our official website for more details which will be posted there regularly.









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