A comparative framework for the criminal justice system and arbitration

Abstract

The parties to a dispute might agree to submit it to one or more arbitrators for a binding ruling via the arbitration process. The 
parties choose arbitration as a private process for resolving their disagreement rather than taking it to court. Most people think that 
arbitration is something that only the private sector should be involved in. Laws of the Federation of Nigeria 2004, namely the 
Arbitration and Conciliation Act (CAP18), control the Arbitration Act. Nonetheless, some accusations and criminal concerns may 
inevitably surface in arbitral processes. As far as anybody can tell, criminal law and arbitration exist on separate worlds, and they 
are never going to meet. Criminal law regulations may affect the arbitral process and the final resolution of the dispute, so there 
are more commonalities between the two fields than first meet the eye. It is possible that the supposed consulting is just a front to 
launder money or that the conflict is entirely fictional. Expertise and testimony presented before the tribunal may be misleading. 
Arbitrators have the option to consider the criminal issues or ignore them in such circumstances. This article will examine the 
rationale and function of arbitration in criminal cases. This article argues that, instead of the piecemeal approach that is already 
taking place in Nigeria's criminal justice system, a more comprehensive and systematic integration of ADR is necessary.