NIGERIA Law and Practice Contributed by: Tayo Oyetibo LP
3.9 Court Intervention As a general principle, Nigerian courts adopt a policy of non-intervention in arbitral proceedings, consist- ent with international best practice. This position is codified in the Arbitration and Mediation Act 2023 (“AMA”), which provides that a court shall not inter- vene in matters governed by the Act except where expressly authorised to do so. Notwithstanding this principle, the courts retain lim- ited and clearly defined powers to intervene in sup- port of or in relation to, arbitration. Such intervention typically arises in the circumstances outlined below. • Grant of interim measures: Courts may grant inter- im or preservative relief in aid of arbitration, par- ticularly where urgent action is required or where the subject matter of the dispute is in the custody or control of a third party beyond the reach of the arbitral tribunal. Such measures may be granted before or after the constitution of the tribunal and remain binding notwithstanding the tribunal’s sub- sequent constitution. • Stay of proceedings and enforcement of arbitration agreements: Where proceedings are commenced in breach of an arbitration agreement, the court may intervene to stay the proceedings and refer the parties to arbitration. • Appointment and support functions: In certain cir- cumstances, courts may intervene in the appoint- ment of arbitrators or in resolving procedural impasses, where the agreed mechanism fails. • Recognition, enforcement and setting aside of awards: Courts play a supervisory role in the post- award stage, including the enforcement of arbitral awards and the setting aside of awards on limited statutory grounds. Accordingly, while the courts generally refrain from interfering in the arbitral process, they retain targeted supervisory and supportive jurisdiction to ensure the effectiveness, integrity and enforceability of arbitration
Accordingly, arbitration in Nigeria is governed by a combination of statutory provisions, institutional rules and party agreements, with the AMA serving as the central legislative foundation. 3.8 Court Powers Nigerian courts play a supportive, though carefully circumscribed, role in the arbitral process, consistent with the principle of minimal judicial intervention. One of the primary ways courts support arbitration is by enforcing arbitration agreements. Where a dis- pute is subject to a valid arbitration clause, the court will, upon application, stay proceedings and refer the parties to arbitration, thereby preventing a party from circumventing its contractual obligation to arbitrate. Courts also play a central role in the recognition and enforcement of arbitral awards. Arbitral awards, whether domestic or international, may be enforced through the courts as judgments. Conversely, the courts have jurisdiction to set aside arbitral awards on limited statutory grounds, such as lack of jurisdic- tion, procedural irregularity or breach of fair hearing. In addition, courts may provide procedural assistance to arbitral proceedings. For example, upon applica- tion, a court may issue subpoenas to compel the attendance of witnesses or the production of docu- ments, including in circumstances involving third par- ties over whom the arbitral tribunal has no coercive authority. Another important area of support is the grant of interim protection measures. Courts are empowered to grant injunctive or preservative relief in aid of arbi- tration, particularly where urgency or the involvement of third parties necessitates judicial intervention. Such measures may be granted before or after the con- stitution of the arbitral tribunal and are intended to preserve assets or the subject matter of the dispute pending the outcome of the arbitration. Overall, the role of Nigerian courts is to facilitate and uphold the arbitral process, intervening only where necessary to ensure its effectiveness and integrity.
proceedings. 3.10 Relief
Under Nigerian law, arbitral tribunals are empowered to grant a wide range of reliefs , broadly comparable
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