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Dispute Resolution Mechanism of the Nigerian Investment Promotion Commission Act


Dispute Resolution Mechanism of the Nigerian Investment Promotion Commission Act

This is provided for in section 26 of the Nigerian Investment Promotion Commission Act. Although section 26(2) of the Nigerian Investment Promotion Commission Act provides for different laws that will apply for foreign and local investors, section 26(3) thereof does not specify whether the investor would be local or foreign. It therefore affords both foreign and local investors level opportunities for settling investment disputes.

Procedure for the Resolution of Disputes under the Nigerian Investment Promotion Commission Act

1.        Where a dispute arises between an investor and any government of the federation in respect of an enterprise, all efforts shall be made through mutual discussion to reach an amicable settlement.

2.       If amicable settlement through mutual discussion is not possible, the dispute may be submitted at the option of the agreed party to arbitration as follows;

a.        In case of a Nigerian investor, in accordance with the rules of procedure for arbitration as specified in the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004.

b.       In the case of a foreign investor, within the framework of any bilateral or multilateral agreement or investment protection to which the Federal Government and the country of which the investor is a national are parties; Or

c.        In accordance with any national or international machinery for the settlement of disputes agreed on by the parties: section 26(1)(2) of the Nigerian Investment Promotion Commission Act.


3.       Where in respect of any dispute, there is disagreement between the investor and the Federal Government as to the method of dispute settlement to be adopted, the International Centre for Settlement of Investment Dispute Rules shall apply: section 26(3) of the Nigerian Investment Promotion Commission Act.

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