NIGERIA Law and Practice Contributed by: Abubakar Anafi, Larry Nkwor, Justice Uka-Ofor and Ayomide Abiodun, G. Elias
power to order a stay of proceedings and refer the matter to arbitration. Under Nigerian law, the finality of arbitral awards is recognised and they can only be set aside on exceptional grounds set out by law. 12.3 ADR Institutions Institutions promoting and offering ADR in Nige- ria are well organised and play a significant role in integrating ADR into the legal landscape. Examples of such institutions are the Chartered Institute of Arbitrators, UK (Nigeria); the Nigerian Institute of Chartered Arbitrators; and the Inter- national Chamber of Commerce’s International Court of Arbitration. Many states have highly functional multidoor courthouses where cases are referred for ADR processes. 13. Arbitration 13.1 Laws Regarding the Conduct of Arbitration 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 Multidoor Courthouse Law, 2007 and laws establishing multidoor courthouses across the country also apply. Both domestic and foreign arbitral awards are recognised and enforceable in Nigeria (AMA, Section 57(1)). An award-creditor may initi- ate proceedings for the court to recognise and enforce an award by filing an originating motion, supported by an affidavit exhibiting the original/ certified copy of the award, the original/certified copy of the arbitration agreement, and where either the award or arbitration agreement is not made in the English language, a certified trans-
lation into the English language will be required (AMA, Section 57(2)). A court may only refuse an application to recog- nise 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 proceedings or was not able to present their case; • the award deals with a dispute that does not fall within the terms of submission to arbitra - tion; • 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 arbi- tration 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, Sec- tion 58(2)). 13.2 Subject Matters Not Referred to Arbitration The following matters cannot be referred to arbi-
tration in Nigeria: • criminal cases; • matrimonial cases;
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