Enforcement Of Arbitral Award In Nigeria – The Time Factor

Introduction

A satisfactorily concluded dispute resolution mechanism, at least to an award creditor, is the successful enforcement of the decision of the arbitral tribunal. Where a judgment or arbitral award is made and the successful party cannot enforce the award, the creditor has only succeeded in obtaining a pyrrhic judgment or award and can only be tagged a "judgment creditor" or "award creditor" but without the much-needed value of the award or judgment.

Unfortunately, award debtors routinely employ every conceivable strategy and argument to circumvent the enforcement of the award against them. One strategy being an argument that the time within which to enforce the award or judgment has lapsed and the award unenforceable.