I.  BASIC INFORMATION

A.   History and Background of the Institution 

The Regional Centre was established under the auspices of the Asian-African Legal Consultative Organisation (AALCO) in 1989 on the basis of a cooperation agreement through exchange of letters in 1980 between AALCO and the Federal Government of Nigeria as host. This agreement was ratified by a Headquarters Agreement of 26 April 1999 and codified in accordance with Nigerian law in the Regional Centre for International Commercial Arbitration Act 1999, following which the Centre commenced business as an arbitration centre in1999. In 1999 the Regional Centre adopted its arbitration rules modelled after the UNCITRAL Arbitration Rules of 1976. This 1999 Arbitration Rules was reviewed in 2008. The new 2008 Rules have been applicable since 1 July 2008 (the Rules) and a copy is annexed to this chapter and also available for download on the Centre’s website at http://www.rcicalagos.org. 

The Regional Centre is independent of the government of Nigeria and enjoys the status of an international non profit organisation with diplomatic privileges and immunities. On 8 February 2006, the Regional Centre inaugurated its Advisory Committee headed by the Secretary General of AALCO. The Centre publishes an annual report which is presented at the annual general meeting of AALCO and available at: http://www.aalco.int/scripts/view-posting.asp?recordid =4#report  

The main functions of the Regional Centre are to:

• Promote international commercial arbitration in the African region;

• Administer international arbitration under the arbitration rules of the Centre which are based on the UNCITRAL Arbitration Rules, 1976;

• Render assistance in the enforcement of arbitral awards made under the auspices of the Centre;

• Render (arbitration related) advice and assistance to parties who may approach the Centre.

Other functions are to:

• Administer domestic commercial arbitration governed by the Nigerian Arbitration and Conciliation Act, 1988;

• Provide administrative assistance and technical facilities to parties involved in ad hoc arbitral references for a fee.

• Act as appointing authority for a one-off payment of USD$750.

• Provide facilities for arbitrations under its cooperation agreements with the International Centre for the Settlement of Investment Disputes (ICSID); London Court of International Arbitration (LCIA), American Arbitration Association International branch, Dublin (AAA), City Dispute Panel in London and China. 

The definition of ‘international’ and ‘commercial’ under the Rules are very wide. Arbitration of a dispute of an international character means the parties involved in the dispute are resident in or nationals of two different jurisdictions or the dispute itself involves international commercial interests. On the commercial nature of disputes, the Regional Centre administers disputes arising from all forms of commercial transactions including those emanating from bilateral and multilateral trade agreements. 

Between 2009 and 2014 the Regional Centre has administered thirty cases. The caseload of the Centre covers international and domestic disputes; and those arising under its Rules and ad hoc references. These cases cover subject matters some of which are: banking, construction, environmental pollution management, energy/power, maritime, oil and gas, oil waste management, supply and joint venture agreements, and telecommunications.