TITLE TO THE ARTICLE: Time within Which to Set Aside an Arbitral Award under the Nigerian Arbitration and Conciliation Act
AUTHOR:
EDWIN OBIMMA EZIKE, Ph.D., LL.M., LL.B. (Nigeria), B.L., (Lagos), B.D., B.Phil. (Rome). Senior Lecturer and Head of Department, Department of Public and Private Law, Faculty of Law, University of Nigeria, Enugu Campus.
ABSTRACT:
This article aims at examining the controversy surrounding the time limit for setting aside an arbitral award under the Arbitration and Conciliation Act of Nigeria. Judicial decisions and legal literature on this subject were carefully analyzed. It was discovered that there are conflicting decisions on whether the 3 months limitation period in section 29 of the Act will equally apply to section 30 of the same Act. The apex court has erroneously held that the time limit will be read into section 30 even though the very words of section 30 contain no time limit for application to set aside an arbitral award on grounds of arbitrator’s misconduct. The implication of this state of affairs is confusion in the law of Arbitration in Nigeria whether to follow the Supreme Court’s decision or the clear and unambiguous statutory provision in this regard. The paper argues that where the words of a statute are clear and unambiguous effect should be given to the ordinary meaning they convey. In this regard, the 3-month time limit in section 29 should be restricted to the said section only. Additionally, it demonstrates that the application of the rules of court is restricted to awards made from arbitration ordered by the court. Finally it views the proposed Arbitration Bill as helpful to some extent in clearing this confusion.