Applicability of Limitation Law at the Enforcement Stage of Awards: A Jeopardise to Arbitration System in Nigeria?
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Date
2024-11-03
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KWARA STATE UNIVERSITY PRESS
Abstract
This paper examines the provisions of the statutes of Limitation Law as it relates to the time limit within which to apply to the courts for the enforcement of arbitral awards. Specific references are made to the Nigerian Limitation Act and Limitation Law of Lagos State. These laws provide for a limitation period of six years within which an application for the enforcement of an award must be brought. The time within which the commencement of an action for the enforcement of arbitral awards in Nigeria has been the subject of considerable concern. There is, however, a concern as regard judicial understanding of these provisions of the Limitation law as it applies to arbitration system in Nigeria. Doctrinal research methodology is adopted thus, the primary and secondary sources of materials have been utilised. The paper concludes that actions to enforce the arbitral award should be construed as a separate and distinct cause of action from that founded on the dispute between parties to an agreement providing for referral to arbitration. Singular provision for arbitration proceeding and enforcement proceeding does not make for a good law. Hence separate statutory time limits should regulate such actions
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Citation
In A Festschrift in Honour of Prof M.M Akanbi SAN 94-103.