Abstract
When there is dispute as to rights, interests and recognitions, those concerned at times end up in court. The law always brought to the fore though law itself may perhaps not be a guarantee to justice. A modern civil justice system should proffer a variety of approaches and options to dispute resolution. Arbitration as one of the ADR mechanisms to litigation involves third party intervention to assist the resolution of a dispute. This paper examined the Enforcement of Arbitration Agreement in Nigeria with a focus on its challenges. The major challenge envisage in this paper is the absence of precedent decision. This paper work revealed that Arbitration and other ADR mechanisms fair and effective means of resolution of dispute and also an inextricably part of the justice system. The paper further revealed that arbitration agreement in a contract does not oust the jurisdiction of the court, although the court is under obligation to respect and enforce the agreement of the parties to a contract. The mere agreement of party in an arbitration agreement cannot automatically deprive one of the constitutionally guaranteed right of access to the court. Recommendation was therefore made for a precedent in arbitration and other ADR mechanisms in Nigeria.
Keywords: Agreement, Arbitration, Arbitration Agreement, Litigation contract, court.