How To Challenge And Set Aside An Arbitral Award In Nigeria: A Practical Guide

I. Introduction

Arbitration derives its legitimacy from the principle of party autonomy and the expectation that awards rendered by tribunals will be final, binding, and enforceable with minimal judicial interference. Yet, no system of dispute resolution can function without some mechanism for curial review, particularly where fundamental procedural or public policy concerns are at stake. The tension between finality and fairness is therefore at the heart of any modern arbitration statute.

This article analyses the statutory grounds upon which an award may be challenged, the strict timelines applicable to such applications, and the discretionary powers available to the courts in determining whether an award should be annulled or preserved. It also considers the procedural innovation permitting the suspension of setting aside proceedings to allow arbitral tribunals an opportunity to cure defects capable of remedy.