NEW HORIZONS ON ENFORCEMENT OF ARBITRAL AWARDS IN NIGERIA AND OTHER SELECTED JURISDICTIONS

Abstract

Arbitration is widely regarded as an efficient alternative to litigation. Its effectiveness, however, ultimately depends on the willingness of national courts to recognise and enforce arbitral decisions. Despite the existence of international instruments such as the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 and the adoption of modern arbitration statutes, enforcement practices remain inconsistent across jurisdictions. In Nigeria, procedural delays, frequent objections by award debtors, and inconsistent judicial interpretations of public policy continue to undermine the finality and efficiency of arbitral awards. This paper examines the practice and procedure for the enforcement of arbitral awards, the legal frameworks governing enforcement, judicial attitudes towards arbitral decisions, and the procedural challenges affecting enforcement in Nigeria. It also draws comparative lessons from selected jurisdictions to strengthen Nigeria’s enforcement regime. The study adopts a doctrinal and comparative research methodology. The paper finds that Nigeria’s enforcement framework under the Arbitration and Mediation Act 2023 substantially aligns with international arbitration standards, particularly through the adoption of limited and clearly defined grounds for refusing recognition and enforcement. The study recommends stricter judicial adherence to the refusal grounds provided under the Arbitration and Mediation Act 2023, improved judicial training in arbitration law, and the development of more efficient procedures to enhance the enforcement of arbitral awards in Nigeria.