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ARTICLE · 23 NOVEMBER 2018

Stay Of Proceedings Pending Arbitration: Are You Ready And Willing?

Tayo Oyetibo LP
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In Nigeria, under section 5 of the Arbitration and Conciliation Act where one party to an agreement that contains an arbitration clause approaches a court in respect of the same dispute covered by the arbitration clause, ...

NigeriaLitigation, Mediation & Arbitration
Mofesomo Tayo-Oyetibo
Mofesomo Tayo-Oyetibo

In Nigeria, under section 5 of the Arbitration and Conciliation Act (the ACA) where one party to an agreement that contains an arbitration clause approaches a court in respect of the same dispute covered by the arbitration clause, the other party to the agreement may apply to the court for an Order staying the court's proceedings pending reference of the dispute to arbitration. For ease of reference, section 5 of the ACA provides that:

5. (1) If any party to an arbitration agreement commences any action in any court with respect to any matter which is the subject of an arbitration agreement any party to the arbitration agreement may, at any time after appearance and before delivering any pleadings or taking any other steps in the proceedings, apply to the court to stay the proceedings.

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