Determining the Settlement of Personal Injury Claims by Arbitration in Nigeria

Abstract

Personal injury claims arising from road traffic accidents, defective products, work accidents and medical negligence are subjects of litigation in Nigeria with attendant problems of long delay and lack of confidence in the national court. This paper attempts to ascertain the suitability of settlement of personal injury claims by arbitration and alternative dispute resolution methods in Nigeria by analysing relevant statutes and explores the possibility of accommodating third party beneficiaries claiming whether as family members or as persons directly affected by the claims. The paper finds that it is possible to expand the frontiers of arbitration which is ordinarily based on contract to cover personal injury claims and it recommends legislative reforms especially on the relevant provisions of the National Health Insurance Scheme Act in order to promote alternative dispute resolution mechanisms as viable means for settling personal injury claims in Nigeria.