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Date
2012-03-26
Journal Title
Journal ISSN
Volume Title
Publisher
Ahmadu Bello University Zaria
Abstract
The issue of recognition and enforcement of arbitral awards obtained from other
jurisdictions in Nigeria is so central to the principle governing International
Commercial Arbitration. This is because for any arbitral award to be meaningful to the
party who obtained it, it must be capable of being enforced. This is the only way that a
party is guaranteed of benefitting from the fruits of the award, which he will do
through the instrument of the court. There are, however, problems associated with
recognizing and enforcing such awards by the Nigerian courts. Part of the problem is
constitutional while part of it has to do with the laws governing the issue of
enforcement of the award. Most of the laws and international conventions dealing
with arbitration have barred courts from intervening in any matter which is the subject
of arbitration. This provision is in a way, unconstitutional as the constitution grants
courts power to adjudicate in any civil or criminal matter brought before them.
Therefore barring the courts from entertaining such matters will be a contradiction of
the constitutional provisions especially, Sections 1(3) and 272. The other aspect of the
problem is the issue of reciprocity introduced by the Foreign Judgements (Reciprocal
Enforcement of Awards) Act, Cap. F.35 L.F.N 2004 and the New York Convention of
1958. Having the enforcement of award to be based on reciprocity as it is the case
under the above mentioned laws, is indeed not a good law in the 21st century,
especially with regards to the laws dealing with commercial transactions. The issue of
executing such awards against foreign sovereigns is another problem which this
research has to contend with, especially where state parties are involved.