Guerrilla Tactics in Arbitration: Challenges, Ethical Implications, And Prospects for Reform in Nigeria
Abstract
Guerrilla tactics in arbitration represent a growing threat to the integrity, efficiency, and finality of dispute resolution. These deliberate acts designed to frustrate, delay, or derail arbitral proceedings, blur the line between zealous advocacy and procedural abuse. This article examines the manifestations of guerrilla tactics across the lifecycle of arbitration, from the pre-arbitral stage through to post-award enforcement. It analyses the ethical burdens these tactics place on arbitrators and counsel, and evaluates recent legislative innovations under Nigeria’s Arbitration and Mediation Act 2023, including the Award Review Tribunal, arbitrator immunity, and restricted court interference. The article argues that a combination of robust procedural case management, a strengthened sanctions regime, expedited procedures, and harmonised ethical standards offers the most viable path toward insulating arbitration from strategic abuse.
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