The background of the research’s study is not far fetched owing to the ground nature of international commercial activities in the universe and the need to harmonize the peace and stability needed among participants in int’l trade activities, through arbitration and conciliation. The difficulties militating against enforcement of int’l arbitral award especially in Nigeria would arouse one into thinking that int’l trade is but a “Lion’s den” traded only by the privileged class.

            International arbitration is a leading method for resoling commercial agreement and other international relationships. As with arbitration generally, int’l arbitration is a creation of contract, that is, the parties’ decision to submit disputes to binding resolution by one or more arbitrators selected by or on behalf of the parries and applying adjudicating procedures, usually by including a provision for the arbitration of future dispute in their contract1. The practice of international arbitration has developed so as to allow parties from deferent legal and cultural background to resolve their disputes, generally without the formalities of their respective legal system. Arbitration is particularly popular as a means of dispute resolution in the commercial sphere (for a summary of various areas in which arbitration is usually chosen)2 One of the reasons for doing so is that in international trade, it is often easier to enforce an arbitration award in a foreign country than it is to enforce a judgment of the court.
            Under the New York Convention 1958, an award issued in a contracting state, only subject to certain, limited defenses. Those defenses are:
*   A party to the arbitration agreement was, under the law applicable to him under some incapacity.
*   The arbitration agreement was not valid under its governing law.
*   A party was not given notice of the appointment of the arbitration or of the arbitration proceedings, or was otherwise unable to present its
*   The award deals with an issue not contemplated by or not falling within the terms of the submission to arbitration, or contains matters beyond the scope of the arbitration (subject to the proviso that an award which contains decisions on such matters may be enforced to the extent that it contains decisions on maters submitted to arbitration which can be separated from those matters not submitted;
*   The composition of the arbitral authority was not in accordance with the agreement of he parties or failing such agreement, with the law of the place where the hearing took place (the “Lex Loci arbitri”)3.
*   The award has not yet become binding upon the parties, or has been set aside or suspended by a competent authority, either in the country where the arbitration took place, or pursuant to the law of arbitration agreement.
*   Enforcement would be contrary to “public policy”. Etc
            Virtually every commercial country in the world is a party to the convention, but relatively few countries have a comprehensive network for border enforcement of judgments of the court. Hence in many countries, particularly in engaging markets, a foreign arbitration award is much easier to enforce than an award of the court. For example, it is very difficult to enforce foreign judgments in the former CIS countries, but it is considerably easier to enforcement of arbitration awards that makes them appealing to commercial parties is that they are not limited to awards of damages. Whereas in most countries only monetary judgments are enforceable in the cross border context, no such restrictions are imposed on arbitration awards and so it is theoretically possible (although usual in practice) to obtain an injunction or an order for specific performance in an arbitration proceeding which could then be enforced in another New York convention contracting state.4
3.         Gaius Ezejiofor, the Law of Arbitration in Nig. (1st Ed.) Longman (1997)p
4.         The New York Convention Recognition and Enforcement of foreign Arbitral Award 1958. Applicable to Nigeria by virtue of section 54 of Arbitration and conciliation Act 1990.
Under section 6 of the Act, 10 the registered award or judgment may be set aside on the application of the defendant if the court is satisfied on certain conditions to be outlined in the course of this research.
            Ordinarily, this is on fast process but of limited application due to the requirement that the award must be the payment of a sum of money and the judgment must have become enforceable as judgment of a court according to the law of the place where it is made. If the restriction is challenged the process may became prolonged up to a year or more.
            It is such restrictions and other challenging facing enforcement of foreign award that have aroused the researcher into delving in the area. It has be noted that the ease of enforcement of foreign arbitral award has gradually formed part of the criteria used in evaluating the extent of arbitration penetration in a country; in assessing the level of arbitration practice as well as determining whether a jurisdiction is arbitration friendly or not 11, Nigeria inclusive. Despite Nigeria’s federal system of government, it has a unified system of enforcement of foreign arbitral awards.
            Questions have arisen as to whether foreign arbitral awards are enforceable in Nigeria, the time light of its enforceable and to whether Nigeria is a party to the New York convention. This questions and more are what the long easy shall try to Justice to. Granted issues have arisen in the past when the willingness of Nigeria courts to enforce foreign awards was tasked to the limits; Nevertheless, a careful perusal of available decided cases relating to enforcement of foreign arbitral awards in Nigeria would seem to suggest that some information in the public domain cannot be supported by any empirical evidence. Infect it is a situation of mixed facets and myth. This long-essay shall among other things examine the laws and practices relating to the enforcement of international arbitral awards in Nigeria with a view to separating facts from
10        Foreign judgment (Reciprocal Enforcement) Act “Cap19, 1990 LFN
11.       Emmanuel Dike, “Regional center for International commercial Arbitration”  October 2012. www. From myth. Also the research shall x-ray the challenges facing the successful operation of international arbitration and enforcement as well as the prospects to enforcement of international arbitral award in Nigeria.

            Before delving into the statement of the research problem, it will be expedient for the researcher to briefly review the already existing instrument giving effect to the enforcement of international arbitral awards ion Nigeria, thus will give the researcher the better ground to identify the vacuum gap which is left to be exploited, bringing to fore the problem clearly.
            The following are the legal regime (instruments) applicable to the enforcement of foreign arbitral awards in Nigeria:
1.   Action upon the award at common law.
2.   Reciprocal Enforcement of judgments Act, 1922.
3.   Foreign judgments (Reciprocal Enforcement of foreign Arbitral Awards (New York Convention) 1958;
4.   Arbitration And conciliation Act, 1988.
5.   International centre for settlement of investment Dispute (Enforcement of Awards) Act, 1967.

Progressive development of laws on enforcement of foreign arbitral award in Nigeria can be gleaned from the early common law position (action upon award at common law) which requires a party seeking enforcement to sue upon the award. This would ensile proof of the existence of the arbit-agreement, the proper conduct of the arbitration in accordance with the agreement and the validity of the award.
            In other to ameliorate certain hardships on the parties seeking enforcement under the common law, the Reciprocal Enforcement of Judgment Act 1922 was promulgated. This Act improved on the common law practice, that, is procedure of suing upon the award in the prescribing simple registration of the award in the high court by the successful party seeking enforcement13 . Under the Act no judgment or ward shall be registered. If the court lacks jurisdiction 14, the judgment is obtained by fraud; an appeal is pending on the judgment or it is contrary to he publicly of Nigeria. 15.
            However, it is of limited application in that it is restricted reciprocal enforcement to the United Kingdom and other parts of Her Majesty’s Dominions and Terri tones under her protection. The limited application of the promulgation of Foreign Judgment (Reciprocal Enforcement) Act, 1961. this Act extended the benefit of enforcement to countries other than united kingdom and its dominions and territories (common wealth countries); as well as extended the limitation period of registration of award from 12 months to six (6) years.16  However, the Act created a restriction to its benefit to wit; that only countries accord reciprocal treatment to judgment given by the superior court in Nigeria.
            Furthermore, more support for enforcement of foreign arbitral awards in Nigeria was given to Nigeria’s effort at creating enabling environment for the enforcement of foreign arbitral award, Nigeria became a party to the New York convention in 1970, which was domesticated in Nigeria in 1988 through a local legislation. This convention was tested in Nigeria court in 1974 17.
13.       Marine and Cuneral Assurance U. Overseas Union & yors (2006 LPELR.Sc 208/2001 or (2006) 4 NWLR; Macaulay U RZB Austria (2003) 18 NWLR (pt. 852) 282.
14.       SECTION 2 of the Reciprocal Enforcement of judgment Act 1992.
15.       Ibid
16.       SECTION 4 Foreign judgment (Reciprocal Enforcement) Act, 1961, Cap 152, LFN 1990 2004 Cap A18
The convention appears to be most rudely accepted piece of legislation in the area enforcement of foreign arbitral award globally.
            Due to the compelling influence of the UNGTRAL model law 1985 and UNGTRAL model Rule 1976 in the field of international arbitration, Nigeria created another window in the enforcement of foreign arbitral awards in the Arbitration And conciliation Act 1988. the 1988 Act allows for the enforcement of award under the 1988 Act does not depend on reciprocity.
            In the face of it, it appears that the 1988 Act has ameliorated the restrictions imposed on enforcement of foreign award via reciprocal treatment required by the Reciprocal Enforcement Act. However, parties seeking enforcement of foreign arbitral award in Nig. Should not only be mindful of the relevant enforcement of arbitral award law, but also the limitation laws of the relevant state of enforcement in Nigeria. The question is how can this laws be found. Finding the comprehensive laws poses problems to seeking enforcement of foreign arbitral award Nigeria.
            It is noting with that these relevant enforcement of arbitral awards laws are found in patches from accessed internet, business funerals and other professional publications, and at times not comprehensive enough to guide participants in international trade the opportunities to be abreast with the relevant enforcement of arbitral award laws and the limitations laws of relevant state of enforcement in Nigeria.
            Furthermore the need arises to cross check in a comprehensive maner and to compil the various information on enforcement of arbitration award accessed from the internet, business formals and other professional arbitration in Nigeria. These above issues poses the statement of the problem to which the research intend to back on ensuring.
17.       MarMansk state steamship line U. Kano Oil Miller Limited (1974)LPE LR-SC. 252/74 or (1974) All N.L.R 893
With the advent of increasing nature of international commercial activates, commercial arbitration has became a major attraction in international transactions owing to its speed and effectiveness in resolving commercial disputes international commercial arbitration has been in the past acclaimed the most effective method of international dispute resolution, though it has its own disadvantages. It is very fast easy and cheap, it has grown forward by becoming more redefined; it has equally grown backward by introducing features that have in very radical way robbed it off or heavily affected the very advantages it had over other forms of international dispute resolution. Some of these features have been as a result of increasing complexity, conflict of municipal and international arbitral enforcement laws, and from the inability of arbitration law to grown at the some pace with development in commercial world5. Also in the bid to make their legal environment very conducive for international commercial arbitration, some countries have unwittly turned arbitration in their territories into a potential or actual tool for illegality and unconsciousness able ness in the hands of crime-disposed parties6.
            Having obtained the award in international arbitration, the successful party would have to enforce the award against his adversary. In Nigeria, the willingness of Nigeria courts to enforce foreign arbitration award and the ease or difficulty of doing so and the likely timescale of the process of enforcement are issues of immense concern to any foreign person wishing to enforce an arbitral award in Nigeria. Enforcement of International Commercial arbitration in Nigeria involves the different method of giving effect to the international arbitral award as are given by the arbitral panel(s) who sat to decide disputes over international commercial arbitration agreement between parties. Foreign arbitral awards can be enforced in Nigeria through several ways which the researcher shall identify briefly here, to be discussed fully in his research work as we progress.
a.  By an Action upon the award: In Nigeria foreign (international) arbitral award could be enforced by suing upon the award even where there is no reciprocal treatment in the country where the award was obtained7 provided that the plaintiff proofs necessary ingredient examples; the existence of the arbitration agreement, the proper conduct of the arbitration in accordance with the agreement, and the validity of the award.
b. Enforcement under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Award 1958. The provisions of the convention on enforcement of international Arbitral award is applicable to Nigeria too8. Nigeria has made reciprocity reservation and so only awards made in contracting states that undertakes to recognize and enforce awards made in other contracting states, including Nigeria, will be recognized and enforced in Nigeria.
c.  Enforcement under the International Centre for settlement of investment disputes (ICSID): Nigeria ratified the ICSID convention on 23 of August, 1965. In pursuance of its commitment to domesticate the ICSID convention, the convention was renacted as a local legislation under the International Centre for Settlement of Investment Dispute (Enforcement of Awards) Act, Cap 19 LFN 1990.
d. Enforcement Under the Arbitration and Conciliation Act 19909.
e.  By virtue of registration under the foreign judgement (Reciprocal Enforcement) Act 1990. A judgement or award obtained in a foreign country may be enforced in Nigeria within six years of the judgement or award. The judgement or award have to be registered first in Nigeria court with jurisdiction to hear the dispute.
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