EXAMINING THE EFFECTIVENESS OF ENFORCING ARBITRATION AWARDS IN NIGERIA
Abstract
Arbitration has emerged as a preferred method for resolving commercial disputes in Nigeria,
offering parties a flexible and efficient alternative to traditional litigation. However, the
effectiveness of arbitration ultimately depends on the enforceability of its awards. This study
presents an examination of the enforcement of arbitration awards in Nigeria, shedding light on
the challenges and prospects facing this crucial aspect of the arbitration process. The study
begins by providing an overview of the legal framework governing arbitration and the
enforcement of awards in Nigeria, highlighting key provisions of the Arbitration and Mediation
Act and relevant case law. Drawing on Legal materials and case studies, the research identifies
various challenges that hinder the effective enforcement of arbitration awards in Nigeria. These
challenges include judicial reluctance, procedural complexities, and inconsistent application of
the law across different jurisdictions. In assessing the prospects for improving enforcement
mechanisms, the study proposes several recommendations which include enhancing judicial
capacity and expertise in arbitration matters, streamlining procedural requirements, and
promoting awareness and education about arbitration among legal practitioners, judges, and
businesses. Additionally, strengthening the legal framework to align with international best
practices and encouraging alternative dispute resolution mechanisms can contribute to a more
conducive environment for enforcing arbitration awards in Nigeria. Overall, this study
underscores the importance of effective enforcement mechanisms in sustaining confidence in
arbitration as a viable means of dispute resolution in Nigeria. By addressing the challenges and
implementing the suggested reforms, Nigeria can enhance its reputation as an arbitration-friendly
jurisdiction and attract greater investments while fostering a culture of commercial dispute
resolution through arbitration
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