NIGERIA Law and Practice Contributed by: Abubakar Anafi, Larry Nkwor, Justice Uka-Ofor and Ayomide Abiodun, G. Elias
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 enforce- ment of the same. Once recognised by the court, a registered arbitral award may be enforced in the same manner as a judgment of the court. Hence, the award creditor may apply for the enforcement of the award by garnishee proceed- ings, writ of fieri facias or judgment summons. Foreign Arbitral Awards For the enforcement of an award made outside Nigeria, the 1958 New York Convention on the Recognition and Enforcement of Foreign Awards will apply, provided that the country where the award was made is a party to the New York Con- vention and any differences which arise are of a commercial nature. Where the award is from the International Centre for Settlement of Investment Disputes, the award will be enforced in Nigeria as if it were a judgment of the Supreme Court of Nigeria. 14. Outlook 14.1 Proposals for Dispute Resolution Reform There are currently no proposals for dispute res- olution reform in Nigeria. The current statute on mediation and arbitration was made in 2023. It addressed many criticisms that had been made of the 1988 arbitration statute. 14.2 Growth Areas A key area of growth for commercial disputes in Nigeria is the enhancement of ADR mecha- nisms, particularly through the recent enactment of the AMA. ADR methods have been increas-
• 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 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 the submis- sion 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, Sec- tion 55(3)). An application to challenge or set aside an award must be made within three months from the date the applicant received the award.
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