Appraising the Enforcement Regime in the Arbitration and Conciliation Act (ACA) of Nigeria
| dc.contributor.author | MAGAJI W. OWOLABI, KUDIRAT | |
| dc.date.accessioned | 2025-12-08T13:30:31Z | |
| dc.date.available | 2025-12-08T13:30:31Z | |
| dc.date.issued | 2021 | |
| dc.description | None | |
| dc.description.abstract | International businessmen have a choice in the resolution of disputes; they may either resort to litigation or submit the dispute to arbitration. The increasing delay, outrageous cost, and undue technicalities associated with the municipal courts make commercial arbitration the preferred mode of settlement in the business world. Ordinarily, parties are expected to abide by the terms of the award; however, where there is a default, the award-creditor may request the court to compel the award-debtor to comply through available enforcement mechanisms. Thus, various States, including Nigeria, make provision for the enforcement of foreign arbitral awards within their legal system. This paper aims to examine the relevant provisions of the ACA relating to the enforcement of foreign awards with particular reference to Sections 51 and 52. The objectives, therefore, are to appraise the legal challenges facing these enforcement regimes as contained in the ACA. The paper revealed that judicial intervention for the enforcement of awards frequently frustrates the gains made by resort to arbitration in the first instance. Their reliance on the national legal system in Nigeria for the enforcement of arbitral awards has numerous legal challenges. | |
| dc.description.sponsorship | None | |
| dc.identifier.citation | UILJ 13: 114-129 | |
| dc.identifier.issn | 0794 4349 | |
| dc.identifier.uri | https://kwasuspace.kwasu.edu.ng/handle/123456789/6413 | |
| dc.language.iso | en | |
| dc.publisher | FACULTY OF LAW, UNIVERSITY OF ILORIN | |
| dc.title | Appraising the Enforcement Regime in the Arbitration and Conciliation Act (ACA) of Nigeria | |
| dc.type | Article |