ENFORCEMENT OF FOREIGN ARBITRAL AWARD UNDER THE NIGERIAN ARBITRATION AND MEDIATION ACT 2023

Abstract

The enforcement of foreign arbitral awards plays a pivotal role in fostering international trade and investment, ensuring predictability and finality in cross-border dispute resolution. This paper examines the framework for enforcing foreign arbitral awards under Nigeria's Arbitration and Mediation Act 2023 (AMA 2023), which replaces the outdated Arbitration and Conciliation Act 1988 and aligns more closely with the UNCITRAL Model Law and the New York Convention. The primary purpose of this study is to critically analyze the procedural and substantive provisions of the AMA 2023 governing the recognition and enforcement of foreign awards, identify enhancements over prior legislation, and evaluate potential challenges in its application within Nigeria's legal landscape. Adopting a doctrinal research methodology, the study relies on a comprehensive review of statutory provisions, judicial precedents from Nigerian courts, comparative analyses with international standards, and scholarly commentaries to dissect the legal principles and mechanisms involved. Key findings reveal that the AMA 2023 introduces streamlined enforcement procedures, broader definitions of foreign awards, and limited grounds for refusal (e.g., public policy exceptions), thereby reducing judicial interference and promoting pro-enforcement biases. However, persistent issues such as inconsistent court interpretations, delays in judicial processes, and alignment with Sharia-influenced jurisdictions pose implementation hurdles. In conclusion, the AMA 2023 significantly modernizes Nigeria's arbitration regime, enhancing its attractiveness as an arbitration hub in Africa, though full efficacy depends on judicial training and harmonization with global practices. Recommendations include legislative clarifications on public policy grounds, establishment of specialized arbitration courts, and capacity-building programs for legal practitioners to ensure robust enforcement and minimize refusals.