THE ARBITRATION AND CONCENTRATION ACT CAP A19, LAWS OF THE FEDERATION OF NIGERIA



            The upturn in comm. activities in Nig-and in particularly its commercial hub, Lagos over the past decades has in reflected in an increase need 4 comm. Dispute resolution. Investments in the more lucrative sectors of the Nigeria eco. Such as oil and gas, telecoms and hospitality are contractual, and more flen than not arbitrating is the despite resolution mechanism choice, arb seat may be in Nigeria or in some distance abroad.

            Where the seat of an int’l comm. Arb. Is x pressed 2 be in Nigeria in most cases, the parties close Lagos is often chosen ……. Of the parties need 4 a sophisticated instructional regime; the large pool of arb specialist practicing in Lagos; and the customused facilities provided at the regional centre of int’l Arb.
            In recent past there have been growing concerns about the satisfactory outcome of international commercial arbitration in Nigeria ranging from the enforceability of arb clauses in commercial agreement, to the perceived sluggishness of the national courts in dealing with interim applications enforcement of the final award and other matter. 
            There are certain workable arbitral framework to the practices of international arbitration in Nigeria. We shall ….. do a brief discussion on these.
6.         Ibid, the rules are industrial to the UNGTRAL Arbitration Rules
7.         See section 53. However section 15 stipulates that the arbitral proceedings shall be in accordance with the Arbitration Rules setout in the schedule 1 of the Act.
8.         Adrew 1 Chukwuemere, opt cit p. 88.

1.         The Arbitration And Concentration Act Cap A19, Laws Of The Federation Of Nigeria, 2004: This Act is the priory legislation governing the enforcement of arbitration agreements in Nigeria. The Act Knun as “The ACA” governs both domestic and international arbitration proceedings with separate provisions for each. The first schedule to the Act contains arbitral rules that golems the procedure of arbitration proceeding; where as these rules are binding and must be applied in domestic arbitrate they only apply by default to imitational arbitrates where par tree to an arbitration agreement have not expressly agreed diff. set of rules such as the ICC, LCIA, or UNCITAL rules. However, where the uterus of the arbitration is in lagos state, and the orb- agreement does not expressly refer to any other law the lagos state Arbitration law of 2009 cult golem the proceedings10.
                        The prows ion of the part III of the Act solely applies to cases relating to imitational commercial arbitration and conciliation in addition to other promises of the Act11. Part III of the Act is comprise of Ss. 43- 53 of the Act it produced for the appointment of arbitrations, making of awards, termination of proceedings, resonation and enforcement of auroras applicable only to antler bit ration. The Act is an embodiment of the prosing United Nations commission on Intl Erode Law (UNCITRAL) model law of arbitration, with a few differences Examples unlike the Act, the mode law allows parties to agree on the procedure for challenging of the appointment of arbitration12.
            The Act also procured for mandatory stay of proceedings by the court in respect of any proceedings brought in preach of an arbitration agreement.13 this prows ion is bereaved to apply to international arbitration while the discretionary power of the court is thought to apply to domestic arbitrate13.
2.         The Lagos State Arbitration Law 2009
            Lagos State recently took a massive stop with passing into Law of the Lagos State Arbitration Law in 2009. The Law incorporates best arbitral practices on party autonomy and control, increased procedural flexibility and the sanctity of arbitral rulings and awards; and apply equal to both domestic and international arbitrations conducted in Lagos.
            The law on party autonomy provides thus: that the arbitral tribunal “shall decide the dispute in accordance with such rules and laws as are chosen by the parties and applicable to the substance of the dispute”14.
Arbitral proceedings, under the legislation are to be are to be conducted in accordance with the procedure setout in Arbitration rule developed by the Lagos Court of Arbitration in 2009, except as otherwise agreed by the parties. Notably, a schedule to the law sets out another set of rules, the Arbitration Appication Rules 2009 which govern all applications made to the court in respect of proceedings conducted under the Lagos State Arbitration Laws.
Under the Lagos State Arbitration Law “All Arbitration within the State shall be governed by the provision of this Law except where the parties have expressly agreed that another arbitration law shall apply”15. This provision cleared up any concern over which arbitral frame work applies to proceedings situated in Lagos State (the Arbitration and Conciliation Act or the Lagos State Arbitration Law). In other words, contracting parties may choose to arbitrate under either law according to preference, absent of an indication as to applicable law, the Lagos State Arbitration Law should apply to arbitral proceedings contractually sited in Lagos, or proceedings in which the tribunal has decided to sit in Lagos. By virtue of section 58 of the Lagos State Arbitration Law the High Court of the State is exclusively in an arbitral process. Thus an application for interim relief or for the recognition or refusal of enforcement of an award would go to a judge of the commercial division of the Lagos State High Court.
Application brought before the Court are entirely governed by the Arbitration Application Rules 20090, specialized set of rules award at a fair efficient and expeditions disposal of such matter by the Court. The Court’s jurisdiction under the law to entertain arbitration related applications is strictly circumscribed. It provides that a court shall not be intervening in any matter governed by this Law, except where so provided in this Law.
3.         The Lagos Court of Arbitration
            An innovative partnership between the local biz communities and the arbitral Intrsts groups led to the recent establishment of the Lagos court of arb. The court was designed in the mould of int’l chamber of commence and the London court of int’l arb. to serve as a resource centre to render arb and other ADR services it maintains a panel of neutrals, arbitrators, mediators and other dispute resolution specialists, who are willing to be members of any panel contributed to determine any dispute referred to it. The major responsibility of the Lagos court is to develop procedural rules from time to guide arbitral proceeding under Lagos state, Arb. Law. The enabling law of the court, came into effect on 18 May, 2009.17   
These are some of the Arbitral frameworks which governs the practice of arbitration in Nigeria both domestic and international. Both the Lagos state Arb Law of 2009 and the Arb. And Con. Act Cap A19, LFN, 2004 are modeled after the UNCITRAL model Law, but the state law incorporates recent proposed amendments to the model law.
Nigeria has acceded to certain international treaties relating to arbitration some of these treaties includes united nations convention on the reconnection and enforcement of foreign arbitral awards; the convention on the settlement of Investment dispute between states and Nationals of other states also the New York convention for recognition and enforcement of foreign Arbitral award; therefore awards made in Nigeria can be enforced in foreign countries on the bass of reciprocity in accordance with the provision of the governments18 some ……….. Nigeria shall hold some attraction as a forum or seat for inter natural arbitrations, this derived from the fact that the arbitration legislature in Nigeria are modeled after the UNGTRAL Model laws of int’l comm. Arb and the UNGTRAL model rules. Adrw 1 Chukwuemere on his part of pined that Nigeria environment for recogn and enforcement of foreign award is for more advanced and conducive than may foreign often realize or are prepared to acknowledge and that it stands favourably in comparison with the law of some other forward nations19 foreign awards can indeed very easily be enforced even with respect to countries like USA Judgment of …….. maniple law can’t be enforced as that of Nigeria20.
17.       Kolawle Maymi, MCIARB (article published in global Arb Review (GAR 2010 VOL. 5.
18.       Ezejofor Graus, the law of Arbitration in Nigeria (Ltd Longman plc1997) p. 164
19.       Chukwuemeri Adrew 1 studies and material in int’l com. Arb (law house books, 2012) 187
2 0.      Ibid P.187

Meaning and Over View of Arbitral Award
            If the word “arbitration” is taken in a wide sense, characterized simply by the binding force of the pronouncement made by a third party to whom the interested parties have had recourse, it may all be said that the decision in question is an “arbitral award”. The term on the other hand would hardly be the right one if the intention were to convey a common and more limited conception of arbitration, namely, that which has for its object the settlement of differences between parties by judges of their own choice on the bases of respect for law21.
            The term arbitral award” has been defined by several jurists we shall know look at some definitions of the term by gunists.
Prof Ezejiofor Gaius: Noted that “At the end of the proceedings, the arbitral tribunal is obliged to carefully study the accordance and argument, presented to it, come to a decision upon the case and set down such a decision in the form of an award”22 . In other words the decision reached by the tribunal at the conclusion of the proceedings stands as an arbitral award.
Norakopy Grag C. on his part defined arbitral award as “Award are the decisions of arbitral tribunal.”23 Russell:- “An award is a final determination of a particular issue of claim in the arbitration.”24 that is the final decision of the arbitrators in the settlement of controversy25 the award may be contrasted with procedural orders and directions in the course of the proceedings. Thus the decision on the pleadings or the admissibility of evidence will be procedural order and a decision on jurisdiction will be an award.26
            In some jurisdiction other than Nigeria An arbitral awards has been seen not to be merely any decision given by an arbitral tribunal, tribunals can issue variety of communications to parties, from corresponding to procedure orders containing findings of a dispositive nature.27 conversely, tribunals can issue decision that they dub “around”. The French supreme court on October 12, 2011 gave a definition of the term arb award as …….. “decisions made by the arbitrators which resolve in a definitive manner all or part of the dispute that is submitted to them on their merits, jurisdiction or procedural matter which leads them to put an end to the proceedings.”28
21.       D. J. Hams, Hams Cases And Materials on int’l law (5th Ed. London & Mavel, 1998)p. 986
22.       Ezejiofor Giaus opt. CT. P.93
23.       Nwakoby Grag, the law of find practice of commercial Arb. In Nigeria (1st Ed. Enugu Nigeria NK Ventur (2004) p. 174.
24.       Rusell on Arbitration (21st Ed) p. 249
25.       See Domke on commercial Arbitration p. 419
26.       See generally Orofo And Ajomo, Law and practice of Arb & ogicilin inning (1st ed. Mbeyi & Associ Lagos 1999) p. 238.
27.       This view can be seen under French law on int’l Arb. Set act in Articles 1442 to 1527 of the code of civil procedure
28.       Cass Civl, October 12, 2011, croupe Antonic table U. Republique du Congo, Z 09-72-489.
The decision was reassuringly conservative; the Supreme Court above confirmed the definition that the Paris court of appeal had proposed almost 20 years ago.29
The 1958 New York Convention for the Recognition and enforcement of arbitral awards is frequently celebrated for a hat it has advanced in terms of facilitation of int’l trade and harmonization of arbitration law and practice. It is worth of mentioning that such successful int’l instrument contains no description about the subject matter (arbitral award), the recognition and circulation of which it is intended to facilitate during the negotiation of the convention, several attempts were made with a view to providing some kind of definition. However, fears of unnecessary qualification and the wish to secure the broadest possible application resulted in any such attempted being eventualled abandoned.
It must be underlined that the New York convention is not the only major instrument dealing with arbitration lacking such definition. The UNCITRAL model law for example, refrains from describing what constitutes an arbitral award even though the adoption of a definition was considered and discussed through out its negoticotion and drafting.30
Award however has been defined equally as the decision of the arbitral tribunal and is similar in some respect to a court judgment31. The remedies or orders that an arbitral tribunal may make are which the same as those that may be made by a court bill there are some differences. Arbitral tribunals can only make orders with respect to the parties to the arbitration agreement. Further, under some laws the arbitral tribunal may only be able to award limited remedies.
Formal Requirements fro an arbitral award to be valid and limitations on the types of permissible relief.
29.       See the filling cases (A pain, March 25 1994, verbiese V. SEE (1997) Rev. Arb 583, May 25 2000, Guignuer USA HRA Europe (2001) Rev Arb 199, CA Paris, April 11 2002, societies ABC International V, Societies Diverceylever Ltd (2003) Rev Arb 150
30.       Arbitral Aovgrds under the New York Convention: What are And What my be, blog. Law Nyu. Educational (visited 3rd September, 2013.
31.       A guide to international ArbitrationT Claton utz, www. Clayton; com. (vsited last on 3rd September, 2013) p9
36.       I. Olakunle Orojoj. And Ayodele M. Opt Cit P. 247
37.       Ibid: P. 250               
The Act and the Arbitration Rule provide for formal requirement of an aruad these requirements includes (1) the award must be in writing; (2) it must be signed by all the arbitrators or majority of them; (3) it must detail the ream for the decision must be given, except where otherwise agreed by the parties, and it must state the date and place of the award must be stated32
Writing and signature the writing can take any form such as handwriting, ……… or prating. It is essential to have such serves biz in writing. Oral award is not acceptable under current Nigeria Law.33

10 Olufunke Adekoyo and David Tmagun, Arbitration Guide Int’l Bar. Assoc. Committee (2012)
11 See section 43 Arbitration and conciliation Act Cap A19 LFN 2004.
12 See Articles 7 and 13(1) of the UNCITRAL Model Law Respectively.         
13 Section 4 Arb and Con. Act Cap A19 LFN 2004. Sonnar (Nig) Ltd U. Partenreedri M.S Norrdwind (1987)3 NWLR (pt. 66) p. 520
14 Sec Section 20 of the Lagos State Arbitration Law 2009
15 See Section 2 Ibid
16 Section 50 Ibid
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