ENFORCEMENT OF ARBITRAL AWARDS UNDER THE ARBITRATION AND MEDIATION ACT 2023: HAS NIGERIA ADOPTED A TRULY PRO-ENFORCEMENT REGIME?

Abstract

The enactment of the Arbitration and Mediation Act 2023 represents a watershed in Nigeria’s arbitration landscape, replacing the outdated Arbitration and Conciliation Act and aligning domestic arbitration law with international best practices. Central to this reform is the enforcement of arbitral awards, which constitutes the backbone of arbitration’s effectiveness as a dispute resolution mechanism. This article critically evaluates the enforcement regime for arbitral awards under the Arbitration and Mediation Act 2023 (AMA 2023) of Nigeria. The enforcement of arbitral awards both domestic and foreign is central to the utility and credibility of arbitration as an alternative dispute resolution mechanism. By aligning domestic law with the UNCITRAL Model Law and incorporating the New York Convention 1958, the AMA 2023 evidences a legislative policy aimed at limiting judicial intervention and promoting enforceability. This article further examines the key statutory provisions of sections 57-60, judicial interpretation of enforcement principles, and procedural mechanisms for enforcement. It argues that while the AMA 2023 advances a pro-enforcement framework, residual doctrinal ambiguities especially concerning the elasticity of public policy, inefficiencies and procedural delays may still continue to pose challenges to the realization of a fully effective enforcement regime. Finally, the article concludes that although the Act marks significant progress, Nigeria’s enforcement regime is only conditionally pro-enforcement, requiring further judicial and institutional reforms. Therefore, recommendations are made for judicial training, narrowed interpretation of public policy and procedural enhancements to ensure that enforcement practice aligns with legislative intent and international best practice.