Assessing the Propriety of Arbitration as a Dispute Resolution Mechanism in Matrimonial Cases Under the Nigerian And Romanian Law
DOI:
https://doi.org/10.68050/JAMS.2026.625Keywords:
Arbitration, dispute resolution, matrimonial disputes, Nigeria, RomaniaAbstract
Dispute is an indispensable phenomenon in human relationships including matrimonial relationships. Over the years, litigation has been the major means of resolving matrimonial issues between parties. Most matrimonial disputes channelled to court often end in the dissolution of marriage, which is often accompanied with emotional and psychological trauma due to the relationship between parties. Apart from litigation, another model for dispute resolution is arbitration. The study primarily examined the practicability of adopting arbitration in the resolution of matrimonial disputes in Nigeria and Romania. The study also examined the legal framework on arbitration and matrimonial disputes under the Nigerian and Romanian law. The study was restricted to only marriage under the statute. This study adopted doctrinal research methodology. It was descriptive and analytical in nature. It relied on primary sources of data such as statutes, case laws, and secondary sources of data such as textbooks, articles in journals, online materials, among others. This study found that arbitration offers a confidential, private and flexible dispute resolution process that can be explored in the resolution of matrimonial disputes. It concluded that where parties resort to arbitration, it offers them the opportunity to have their disputes resolved in a private atmosphere and it will help achieve goal 16 of the SDGs 2030. It recommended amendment of the legal framework on marriage to include arbitration as a recognised model for resolving matrimonial disputes.
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