NNAMDI AZIKIWE UNIVERSITY, AWKA
FACULTY OF ENVIRONMENTAL SCIENCES
DEPARTMENT OF ARCHITECTURE
THE ARCHITECT AS AN ARBITRATOR IN A CONTRACT
PROJECT AND LAWS THAT HANDLE LAND DISPUTES
BETWEEN COMMUNITIES
BY:
EZEUGWA ESTHER OYINYE
2020274078
COURSE TITLE: CONTRACT LAW
COURSE CODE: ARC 451
MENTOR: ARC OKAFOR C.C.
MAY 2024
DEFINITION OF ARBITRATION
An arbitrator is an impartial and independent professional who presides over a dispute resolution
process, listening to both sides of a conflict and making a binding decision or award to resolve
the issue, often in a faster and less formal manner than a traditional court proceeding. An
arbitrator can also be said to be a neutral and expert third-party facilitator who helps parties in
conflict resolve their disputes through a fair, efficient, and private process, aiming to find a
mutually acceptable solution or render a binding decision.
By combining their technical expertise with dispute resolution skills and a commitment to
impartiality, architects can serve effectively as arbitrators in contract projects.
ROLES OF AN ARCHITECT AS AN ARBITRATOR IN A CONTRACT PROJECT
The key roles of an architect as an arbitrator include:
1. Impartial Facilitator: Architects facilitate a fair and impartial process, ensuring all parties
have a voice and opportunity to present their cases. So as to arrive at a fair
2. Conflict Resolution: Another important role of the architect is to help resolve conflicts
between the parties involved in the project. This can involve mediating discussions, identifying
common ground, and working with both parties to come to a mutually agreeable solution.
3. Interpretation of Contract Documents: The architect must have a thorough understanding
of the contract documents and be able to interpret them accurately. This includes understanding
the scope of work, specifications, and schedules, as well as any relevant laws and regulations.
4. Technical Expertise: As an architect, the arbitrator must possess technical expertise in the
relevant field. This includes knowledge of construction, design, and engineering principles, as
well as the ability to evaluate technical information and make informed decisions.
5. Evidence Evaluation: Architects assess evidence presented by parties, including documents,
witness statements, and expert reports in other to arrive at a comprehensive arbitration award.
6. Mediation: They may facilitate mediation sessions to encourage parties to reach a settlement
before proceeding to arbitration.
7. Arbitration Hearings: Architects conduct hearings, listen to arguments, and examine
evidence presented by parties.
8. Award Writing: After considering all evidence, they write a clear, concise, and binding
arbitration award, outlining the decision and reasoning.
9. Communication: Effective communication is crucial throughout the process, ensuring parties
understand the arbitration process and decisions.
LAW THAT HANDLES LAND DISPUTES BETWEEN COMMUNITIES
In Nigeria, land disputes between communities are usually handled by the customary and
traditional laws of the various ethnic groups. However, some statutory laws address land disputes
between communities. Some of these laws include:
1. Land Use Act of 1978: This is a federal law that regulates the ownership and use of land in
Nigeria. It provides for the vesting of all land in the state governments, who hold the land in trust
for the people. The law also establishes the Land Use and Allocation Committee, which is
responsible for allocating land to individuals and communities.
2. Land Tenure Law: Most states in Nigeria have their land tenure laws, which govern the use
and ownership of land within their jurisdiction. These laws usually outline the types of land
tenure, the rights and obligations of landowners, and the procedures for resolving disputes.
3. Land Registration Law: Some states also have land registration laws that require the
registration of land titles and the creation of land registers. These laws help to establish the
ownership of land and reduce the incidence of fraudulent land transactions.
4. Customary Law: Customary law is also an important source of law in Nigeria, particularly in
rural areas. It provides for the traditional systems of land ownership and dispute resolution that
have been in existence for centuries.
