NIGERIA Law and Practice Contributed by: Abubakar Anafi, Larry Nkwor, Justice Uka-Ofor and Ayomide Abiodun, G Elias
13. Arbitration 13.1 Laws Regarding the Conduct of Arbitration
13.2 Subject Matters Not Referred to Arbitration The following matters cannot be referred to arbitration in Nigeria: • criminal cases; • matrimonial cases; • tax disputes; • election-related matters; and • a declaration of title to land (because, in strict technical law, all land belongs to the state (not the federal) governments). 13.3 Circumstances to Challenge an Arbitral Award A party may challenge an award where: • a party to the arbitration agreement was under legal incapacity; • the arbitration agreement is invalid under the law of the country where the award was made; • the party against whom the award was made was not given proper notice of the arbitration proceed- ings or was not able to present their case; • the award deals with a dispute that does not fall within the terms of submission to arbitration; • the award contains decisions on matters which are beyond the scope of submission to arbitration; • the composition of the arbitral tribunal was not in accordance with the: (a) agreement of the parties; or (b) AMA, in the absence of an agreement; • the subject matter of the dispute cannot be settled by arbitration under Nigerian law; or • the award is against public policy (AMA, Section 55 (3)). An application to challenge or set aside an award must be made within three months of the date the applicant received the award. 13.4 Procedure for Enforcing Domestic and Foreign Arbitration Domestic Arbitral Awards An award creditor must first seek and obtain an order of the court recognising the award before the award creditor can proceed with the enforcement of the same. Once recognised by the court, a registered
Arbitration in Nigeria is primarily regulated by the AMA, enacted in 2023. However, there has been an arbitration statute since 1988. Other state laws, such as the Lagos Arbitration Law, 2009, the Lagos Multi- door Courthouse Law, 2007, and laws establishing multidoor courthouses across the country also apply. Both domestic and foreign arbitral awards are rec- ognised and enforceable in Nigeria (AMA, Section 57 (1)). An award-creditor may initiate proceedings for the court to recognise and enforce an award by filing an originating motion, supported by an affidavit exhibit- ing the original/certified copy of the award, the origi- nal/certified copy of the arbitration agreement, and where either the award or arbitration agreement is not written in English, a certified translation into English will be required (AMA, Section 57 (2)). A court may only refuse an application to recognise and enforce an award where: • a party to the arbitration agreement was under some legal incapacity; • the arbitration agreement is invalid under the law of the country where the award was made; • the party against whom the award was made was not given proper notice of the arbitration proceed- ings or was not able to present their case; • the award deals with a dispute that does not fall within the terms of submission to arbitration; • the award contains decisions on matters which are beyond the scope of submission to arbitration; • the composition of the arbitral tribunal was not in accordance with – (a) the agreement of the parties; or (b) the law of the country where the arbitration took place, in the absence of an agreement; • the award has not become binding on the parties or has been suspended or set aside by a court with competent jurisdiction; • the subject matter of the dispute cannot be settled by arbitration under Nigerian law; or • the award is against public policy (AMA, Section 58 (2)).
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