IMPEACHMENT OF DOMESTIC ARBITRAL AWARD

Abstract

An award given in an arbitration proceeding is in par with the judgment of the court. Parties who went to arbitration as a mechanism for the dispute resolution expect that the award when made shall be complied with and shall bring the dispute to its finality. However, when the arbitral award fails to meet the fair expectation of a party or parties, the remedy available to them is to challenge or question the arbitral award. The party who intends to challenge an award is at liberty to take steps against the arbitral award and can do so either by applying to the high court for setting aside of an award. Under the repealed Act (Arbitration and Conciliation Act), it provides for the court to set aside an award on the grounds of misconduct of an arbitrator or error on the face of the award, however the New Innovation of the Arbitration and Mediation Act, by virtue of Section 55(3) of the Act provides for grounds to recourse to a court against an arbitral Award. Furthermore, the New Act also affixed a time within which the application for setting aside an award could be made. The aim of this work is to unearth and explore the key innovation of impeachment of domestic arbitral award under the new Arbitration and Mediation Act of 2023. Doctrinal method of research which includes the use of primary sources, secondary sources and internet resources are employed in the course of this research. This paper recommends that the new Act should be amended to provide for misconduct and error of law to be listed as grounds for impeachment under the Act as it will curb substantial injustice to an applicant faced with such issue and preserve the integrity of the finality of an arbitral award.