Ugochi Promise Chukwuezi1 & *Ezinne Jane Oha2 (AUTHORS)
1Department of Building Technology, Dr. B. U. Nzeribe State Polytechnic, Awo Omamma, Nigeria
2Department of Quantity Surveying, Imo State University, Owerri, Nigeria.
*Corresponding Author’s Email: ezinneezejane@gmail.com
ABSTRACT: Arbitration has become one of the most preferred mechanisms for resolving construction and commercial disputes because of its flexibility, confidentiality, neutrality, and enforceability. The effectiveness of arbitration proceedings depends largely on two fundamental components: a valid arbitration agreement and the proper constitution of the arbitral tribunal. This study examines the legal significance of arbitration agreements and the composition of arbitral tribunals in ensuring efficient dispute resolution within the construction industry. A doctrinal research methodology was adopted through the review of statutes, international conventions, institutional arbitration rules, judicial authorities, and scholarly literature. The study analyses the essential elements of enforceable arbitration agreements, party autonomy, arbitral jurisdiction, appointment procedures, independence and impartiality of arbitrators, and the influence of tribunal composition on the validity and enforcement of arbitral awards. Particular attention is given to the provisions of the UNCITRAL Model Law, the New York Convention, institutional arbitration rules, and the Nigerian Arbitration and Mediation Act, 2023. The findings reveal that carefully drafted arbitration agreements, transparent appointment procedures, and the selection of qualified and independent arbitrators significantly improve procedural efficiency, reduce jurisdictional disputes, and enhance the enforceability of arbitral awards. The study recommends that construction professionals, quantity surveyors, legal practitioners, and project owners adopt comprehensive arbitration clauses and comply with internationally accepted arbitration standards to promote effective dispute resolution in Nigeria and other developing economies.
Keywords: Arbitration Agreement; Arbitral Tribunal; Construction Disputes; Arbitration; Nigeria; Dispute Resolution