EXAMINING THE EFFECTIVENESS OF ENFORCING ARBITRATION AWARDS IN NIGERIA

Student: Esther Chinemerem Onuoha
Supervisor: Prof Kenneth Chinedu Uzoechi
HOD: Dr Chukwuma Stanley
Department of Law
Law
Gregory University, Uturu, Abia State

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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