The Recognition and Enforcement of International Arbitral awards in Nigeria: The Issue of Time Limitation

Abstract

Enforcement of foreign arbitral award is very important in international arbitration practice. If arbitral award made pursuant to arbitral proceedings cannot be enforced, then the arbitral process is hopeless and of no relevance. The parties who went through arbitration intend that the arbitral award when made shall be enforced against the unsuccessful party. In Nigeria, time limitation is a very serious obstacle in the enforcement of international arbitral awards and neither the courts nor the arbitration legislation have helped matters. The Arbitration and Conciliation Act of Nigeria has not specified the limitation period on the matter. The courts have decided on the issue as if arbitration award is governed by different legal regime and is therefore absolutely autonomous or is floating on an independent legal regime unconnected with the legal regime governing cause of action in civil matters in Nigeria. We have embarked on this mission to identify the position of the law in Nigeria in comparison with the decisions in other jurisdictions of the world.