Enforcing Arbitration Awards In Nigeria

Enforcing Arbitration Awards in Nigeria: 'Incapacity' as a Ground for Refusing Recognition and Enforcement of an Arbitral Award Under Section 58(1) and (2)(a)(i) of the Arbitration and Mediation Act 2023 Does not Include Wilful Refusal or Failure by a Party to Participate in Arbitration Proceedings

The Nigerian Federal High Court, Lagos Judicial Division (the "FHC"), recently delivered a judgment in an application¹ brought by Armada Ship Management (S) PTE Limited ("ASMPL" or "the Award Creditor") for the recognition and enforcement of a London Maritime Arbitration Association (LMAA) Award against Schiste Oil & Gas Nigeria Limited ("Schiste" or "the Award Debtor"). The Award Debtor resisted the enforcement of the award on the grounds that it was under some incapacity and could not participate in the arbitration proceedings due to the COVID-19 containment measures that were in place in Nigeria at the time the notice of arbitration was issued.