Recognition and Enforcement of Foreign Arbitral Award in Nigeria: Challenges and Prospects

Recognition and Enforcement of Foreign Arbitral Award in Nigeria: Challenges and Prospects

Izuoma Egeruoh-Adindu*

Abstract

Arbitration remains the best choice for parties to a dispute who wishes to avoid the rigorous process associated with litigation especially foreign investors. However where the unsuccessful party to the dispute complies with the terms of the award, recognition and enforcement of arbitral award does not arise. However, where the unsuccessful party as it is usually applies especially in most foreign arbitral awards, fails to comply with the terms of the award, then there will be need for recognition and enforcement of the arbitral award by the successful party. This paper examines the challenges in respect of recognising and enforcing foreign arbitral award and proffer solutions to the challenges.

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1. Introduction

Arbitration is probably the oldest method of dispute resolution still in use till date. Arbitration as a process begins with an agreement, made either when a contract is made, or after a dispute has arisen on certain matters which are or may be in contention between the parties and  ends with the parties undertaking to be bound by the outcome of the process which is referred to as the  arbitral award .[1]

In recent times, choice of arbitration over litigation has arisen because of the numerous benefits associated with the process. Some of the benefits which include speedy resolution of disputes and affordability have made arbitration to be revered above other dispute resolution mechanisms. Thus, most investors and the government are always cautious with respect to dispute resolution, as such they prefer to resolve their disputes in a swift and effective manner while avoiding public attention which could be detrimental to their investments and business relationships. Hence their choice of arbitration over other conventional dispute resolution mechanism (litigation).[2] The above is however, not to say conclusively that arbitration has no impediments in its ways in the resolution of disputes.  Some of these impediments (e.g. enforcement of foreign arbitral award) are to some extent the challenges that have made arbitration unattractive as a tool for dispute resolution especially among individuals despite its necessity in our legal system especially as our courts are belaboured with lots of cases on a daily basis.[3]   

For a detailed research the study will be divided into four sections, starting with introduction as part one, enforcement of foreign arbitral awards in the Nigerian and the practice in other Jurisdiction -part two, part three will examine Challenges and prospects of the enforcement of foreign arbitral awards  in Nigeria and finally conclude the work in part four. 

• Enforcement of Foreign Arbitral Awards in the Nigeria and the Practice in other Jurisdiction

An arbitral award though viewed as a judgement in that both are adjudicatory in nature cannot be enforced like a judgement of a court this is because an arbitral award is generally self-executing[4] and should be binding on the party/ his privies against whom the award was made.[5]

However, the issue of recognition[6] and enforcement of the arbitral awards can only arise when the losing party fails or refuses to comply with the outcome of the arbitral proceedings.  However, while an award may be recognised without being enforced for example where the award is pleaded as res judicata,[7] an award can only be enforced when it is recognised as binding. This is applicable to both domestic and foreign arbitral awards. Thus, to assist the winning party especially in relation to enforcement of foreign arbitral award which is the focus of this research, the Act[8] made elaborate provisions on enforcement of arbitral awards.[9] These provisions will be examined later in this section.

• Enforcement of foreign Arbitral Award in Nigeria

The Arbitration and conciliation Act,[10] contains two parallel provisions on recognition and enforcement of foreign arbitral awards in Nigeria.[11] Thus prior to the promulgation of the Arbitration and Conciliation Degree in 1988, there were two methods of enforcing foreign awards in Nigeria and they are:

1. Registration under the foreign judgements (Reciprocal Enforcement ) Act[12]
2. The 1958 New York Convention.

However, these provisions have been taken care of by the Act under section 51 and 52 which adequately stated the procedure for enforcing foreign arbitral awards in Nigeria.  Furthermore, section 54 of the Act provides for the application of the New York convention of 1958.

2.1.1 Enforcement under sections 51 and 52 of the Arbitration & Conciliation Act

Section 51 of the Act provides that:[13]

An arbitral award shall, irrespective of the country in which it is made, be recognized as binding and subject to this section and section 32 of this Act shall, upon application in writing to the court, be enforced by the court.

The party applying for the enforcement of his award pursuant to this Act shall provide the following:[14]

a) the duly authenticated original award or a duly certified copy thereof;

b) the original arbitration agreement or duly certified copy thereof; and

c) where the award or arbitration agreement is not made in the English Language, a duly certified translation thereof into the English Language.

We must at this stage state that the use of the term “irrespective of the country where the award was made” gives the impression that the requirement of reciprocity as in the provisions of Cap F 35 (Foreign judgment Reciprocal Enforcement Act) had been waived and hence is not a requirement for enforcement of foreign awards pursuant to section 51 of Arbitration and Conciliation Act of Nigeria. The position of Nigerian courts as decided in M.S.S v. Kano Oil Millers[15] and A.C .Toepter Inc of New York v John Edokpolor,[16]  is to the effect that reciprocity of treatment is required in the enforcement of foreign award in Nigeria pursuant to section 51 of the Act.

Accordingly, the procedure for  enforcement under section 51 of the Act is similar as the procedure under section 31 (which is on enforcement of domestic arbitral awards) which is by motion ex parte supported by an affidavit  which exhibits the arbitration agreement and the award or certified true copy of each.[17] 

However, the application for enforcement may be refused under section 52 (1) of the Act,[18] if the Respondent against whom enforcement is sought furnishes proof of the following facts:

a) that a party to the arbitration agreement was under some incapacity[19]

 b) that the arbitration agreement is not valid under the law in which the parties have indicated should be applied.

c) that he was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings.

d) that the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration.

e) that the award contains decisions on matters which are beyond the jurisdiction of the arbitral tribunal.[20]

f) composition of the arbitral tribunal.[21]

g) award not binding, set aside or suspended.[22]

h) subject Matter not arbitral.[23]

i) where the Award is against Public Policy.[24]

• Enforcement under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards , 1958 (New York Convention)

Nigeria is a signatory to the Convention having acceded to it on 17^th March, 1970. New York Convention applies to Nigeria by virtue of section 54 of the Arbitration and Conciliation Act which provides that:

Without prejudice to sections 51 and 52 of this Act, where the recognition and enforcement of any award arising out of an international commercial arbitration are sought, the convention on the Recognition and Enforcement of Foreign Award (hereafter referred to as “the Convention” set out in the second schedule to this Act shall apply to any award made in Nigeria or in any contracting State.

The New York Convention is one of the most important attainments of the United Nations in promoting a more effective and universal rule of law. It promotes the peaceful settlement of international disputes, not the sort of disputes between states with which the United Nations Charter is concerned, but commercial disputes which are inherent in most international transactions.

In Nigeria, recognition and enforcement of foreign arbitral awards under New York Convention are enforceable by leave of Court, and by application to Court.  Also, a party seeking to enforce his arbitral award pursuant to the Convention shall at the time of filing his application supply the appropriate court with the duly authenticated original award or a duly certified copy thereof and the original agreement referred to in Article II of the Convention or a duly certified copy of it. Where the arbitral award sought to be enforced or the agreement is not in an official language of the country in which the award is sought to be enforced, the party seeking for the enforcement shall obtain translation of the arbitral award or the arbitration agreement in the official language of that country where he is seeking enforcement of the award.[25]

Furthermore, the party against whom the recognition and enforcement is sought may request the court to refuse recognition and enforcement of the award pursuant to the grounds set out in Article V. 1 (a) to e and V.2 (a) and (b)  of the Convention and the grounds are same as those required under section 51 of the Act. The grounds include:[26]

1 (a) incapacity of one of the parties or invalidity of the agreement under the applicable law.

(b)  absence of proper notice of appointment of arbitrators or the proceedings or otherwise precluding the party from presenting his case.

(c) award dealing with difference not contemplated, or those beyond the scope of the submission.

(d) composition of arbitral tribunal or the arbitral proceeding not in accordance with agreement.

(e) award not yet binding on parties, or which has been set aside or suspended.

2 (a) the Subject matter of the difference cannot be arbitrated upon under the laws of the country   (Nigeria) where recognition or enforcement is sought.[27]

(b) recognition or enforcement will be contrary to public policy.

It is noteworthy that for a foreign arbitral award to be enforced in Nigeria under the New York Convention, it must be shown that such a contracting state has a reciprocal legislation authorizing the recognition and enforcement of arbitral awards made in Nigeria.

Thus, the above listed are the procedure for enforcement of foreign arbitral award in Nigerian. Therefore a party to an arbitration agreement seeking to enforce any foreign arbitral award in Nigeria must comply with the procedures listed above. Although these procedure are not without challenges. The challenges will be examined later in this research.

2.2 The Practice in other Jurisdiction.

2.2.1 Enforcement of Foreign Arbitral Award in United Kingdom (UK)

The UK is examined here because of our colonial past which resulted in most of our laws being modelled after the laws in the United Kingdom. However we shall be focusing on the enforcement of foreign arbitral award as it is obtainable in England and Wales. Thus arbitral awards in England and Wales can be enforced under different legal regimes which include:[28]

1. the Arbitration Act , 1996
2. the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 ( the New York Convention)
3. the Geneva Convention 1927
4. the Administration of Justice Act 1920
5.  the foreign judgements (Reciprocal Enforcement ) Act 1933 and
6. Common Law.

1. The Arbitration Act, 1996:

Section 66 of the Act applies to both domestic and foreign arbitral awards while section 100 to 103 of the Act provides for enforcement of arbitral award under the New York convention of 1958.Under section 66 of the Act, the court’s permission is required for any foreign arbitral award to be enforced in the United Kingdom. Once the Court has given permission, judgement may be entered in terms of the arbitral award and enforced in the same manner as a court judgement or Court order. However, permission will not be granted by the court if the party against whom enforcement is sought can show that:[29]

1.  The tribunal lacked substantive Jurisdiction and
2. The right to raise such an objection has not been lost

• The New York Convention of 1958

Section 101 of the United Kingdom Arbitration Act 1996, states that a foreign arbitration award subject to the New York convention is recognised as binding between the parties and with  courts permission can be enforced in England and Wales in the same manner as a court  judgement or court order.[30] The procedure to apply for enforcement under the New York Convention is the same as section 66 of the UK Arbitration Act of 1966. Nevertheless, recognition or enforcement of an award can be refused under section 103 (2) of the UK Arbitration Act 1966, if a party can prove the following:

1. a party to the arbitration agreement under the law applicable to him, was under some incapacity
2. the arbitration agreement was not valid under the law to which the parties subjected it
3. the defendant was not given proper notice of the appointment of the arbitrator or the arbitration proceedings or was otherwise unable to present its case
4. the award deals with an issue not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration.
5. the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, falling such  agreement with the law of the country in which the arbitration took place, or
6. the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which or under the law of which it was made.

Thus, recognition and enforcement of a foreign arbitral award in the UK may also be refused where it would be contrary to public policy.

Thus a party seeking for the enforcement of award under  the New York Convention  in the UK, must produce a duly authenticated original award or a certified copy of it and the original arbitration agreement or a certified copy of it. [31]

• The Administration of Justice Act 1920 and the foreign judgments (Reciprocal Enforcement ) Act 1933

This Act provides for arbitration awards made in mainly commonwealth countries. Hence, any arbitral award made in any of the common wealth countries can be enforced in England and Wales under Section 1(2) of the 1933 Act and section 9 of the 1920 Act. Consequently, the award may be registered for enforcement in England and Wales and if so registered, the arbitral award takes effect and can be enforced as if it were a judgment. An application to register under the 1920 Act must be made within twelve (12) months from the date of the award although it is possible to obtain an extension of time.[32] Furthermore, the procedure for registering an award under the 1933 Act must be made at the High Court within six (6) years from the date of the arbitral award. Both Acts allow the party to appeal against registration and enforcement of the arbitral award.[33]

• Common law

The successful party in an arbitral process can bring an action on enforcement of foreign award at common law. This is an independent action which is based on breach of the arbitration agreement due to the unsuccessful party being unable to honour the terms of the award.

Finally, other issues that are considered in the United Kingdom when seeking to enforce a foreign arbitral award is the fact that the award is consistent with human rights as provided under the English Human Rights Act 1988 , the European Convention on Human Right (ECHR) and the Universal Declaration on Human Rights (UDHR).[34]

2.2.2 Enforcement of Foreign Arbitral Award in Ghana

Ghana is examined here because it is a West African Country and was also a former British Colony. The legal regime governing the enforcement of foreign arbitral awards in Ghana is the Alternative dispute resolution Act, 2010 also known as Act 795.[35] The Alternative Dispute Resolution Act of 2010, made significant changes to the enforcement of foreign arbitral awards in Ghana. Thus, it is noteworthy that any arbitral awards obtained against Ghanaian nationals (both individuals and corporate entities) can only be operative if it is enforced by the Ghanaian Courts.[36]

Prior to Act 795 in 2010, the operating legal regime was the Arbitration Act of 1961 also known as Act 38.[37] Under Act 38, only foreign arbitral awards from reciprocating States could be enforced in Ghana. Act 38 defined a reciprocating State as:[38]

A State declared by legislative instrument to be a party to the United nations convention on the enforcement of foreign Arbitral Awards , 1958 or any State to which this part is by legislative instrument applied by the president on basis of reciprocity.

The implication of the above provisions was that foreign arbitral awards from countries which were not listed in the Act could not be enforced in Ghana. However, for such awards to be enforced a fresh legal action must be instituted against the unsuccessful party to the dispute and the arbitral award tendered as evidence in court. For the successful party, arbitration was a first step to litigation under this procedure in Ghana.[39]

However, this is no longer the case, with the enactment of Alternative Dispute Resolution Act of 2010 (Act  795)  which put an end to the various challenges posed by Act 38 on enforcement of foreign arbitral award in Ghana. The new legal regime did not only simplified the process of enforcement of foreign arbitral awards in Ghana but also made provisions for enforcement of foreign arbitral awards made in countries that are not signatory to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 in Ghana once a competent court in Ghana is satisfied that the award was made by a competent authority under the laws of the country in which the award was made.[40]

Procedure for Enforcement of Foreign Arbitral Award under the Ghanaian Alternative Dispute Resolution Act, 2010 (Act 795)

It has been stated earlier that the new legal regime for enforcement of foreign arbitral award in Ghana is the Alternative Dispute Resolution Act, 2010 also known as Act 795. The Act made provisions for the procedure for enforcement of foreign arbitral award in Ghana. The procedures include;[41]

1. Any successful party who seeks to enforce a foreign arbitral award in Ghana must produce the original award or properly authenticated copy of the award;
2. The successful party must also produce the agreement pursuant to which the award was made;
3. The successful party must produce a certified true copy of any document he seeks to rely on if the document is not in English;
4. An enforcing court in Ghana must be satisfied that there is no pending appeal against the award in any other court that has jurisdiction over the matter;

Accordingly, the Act made provisions for circumstances where foreign arbitral awards will not be enforced in any court in Ghana and they include;[42]

1. Where  the award has been annulled in the country where the award was made;
2. Where the party against whom the award was made was not given sufficient notice to enable him present his case before the arbitral tribunal;
3. Where  there was no proper representation for a party lacking legal capacity or who cannot afford legal services;
4. Where the arbitral award is not based on the issue submitted to arbitration by the parties to the dispute;
5. Where some of the decisions contained in the arbitral award was beyond the scope of the matters submitted to arbitration;
6. Where the issue in dispute is against public policy.

Thus it will be right to conclude that the enactment of the Alternative Dispute Resolution Act in 2010 helped Ghana rise above the challenges they faced under the old legal regime in relation to enforcement of foreign arbitral awards. This has no doubt made Ghana attractive to foreign investors.

However, comparing the Ghana and UK procedure with what is obtainable in Nigeria; it is notable that the procedure for enforcement of foreign arbitral awards under the New York Convention in UK is similar to what is obtained under section 51, 52 and 54 of Nigerian Arbitration and Conciliation Act.  But it is remarkable that there is no use of archaic procedure and delay tactics like the use of motions as it exist under the Nigerian enforcement procedure.  While Ghana despite being a former British colony, must be applauded for adopting a suitable legal regime that is devoid of the cumbersome procedure associated with the New York convention and their old legal regime. The new legal regime will no doubt favour investors and also attract potential investors. Thus, there is need for Nigeria to also take the bull by the horn just like Ghana by passing into law   the draft Arbitration bill before the Nigerian National Assembly.

• The challenges of enforcing foreign Arbitral Award in the Nigeria

The following are the challenges that can impede the enforcement of foreign arbitral award in the Nigeria.

1. Archaic Federal  Arbitration Laws

There is no doubt that Nigeria’s federal Arbitration Laws are due for reform with the Arbitration and Conciliation Act which is the most recent being enacted since 29 years ago (1988).[43]However, with Lagos State setting the pace with the progressive provisions of the Arbitration Law of Lagos State 2009, there is still prospects for arbitration to maintain its status as on the oldest, most revered and most effective dispute resolution mechanism in Nigeria. The Law[44] has attempted to address some of the challenges encountered in the enforcement of foreign arbitral awards in Nigeria.

For instance, with regards to the application of limitation laws to arbitral proceedings, the Arbitration Law of Lagos State, 2009 makes a departure from the Supreme Court decisions in Murmansk State Steamship Line v Kano Oil Millers Limited[45] and City Engineering Nigeria Limited v Federal Housing Authority.[46] The law provides that in computing the time for the commencement of proceedings to enforce an arbitral award, the period between the commencement of the arbitration and the date of the award shall be excluded.[47] However, the utility of the Law[48] is limited in view of the fact that its application is limited to Lagos State. It is our view that the Arbitration and Conciliation Act which is of general application in Nigeria is in need of such reforms which are already in the draft Arbitration bill before the National Assembly.

• Limitation Periods

In every legal proceeding, the question of when time begins to run is very crucial and has been the subject of much debate especially for the purpose of commencement of enforcement proceedings (Judgements and arbitral awards). The debate stems from the notion that enforcement proceedings are like a legal action instituted for the assertion of a right. If it is considered as such, then the limitation periods contained in the Limitation Act as well as the Limitation Laws of the different states for the institution of an action in court would be relevant and applicable. With regards to the time within which an action can be instituted in court for the enforcement of a foreign arbitral award, the Nigerian Supreme Court held that such an action must be brought within six years (6) of the accrual of the cause of action see   Murmansk State Steamship Line v Kano Oil Millers Limited.[49] The Supreme Court’s decision in Murmansk has been followed and applied in subsequent cases such as City Engineering Nigeria Limited v Federal Housing Authority[50] and Tulip (Nig.) Ltd. V Noleggioe Transport Maritime S.A.S.[51] 

Although six years seems to be a long time, however  from the  decisions  of the apex court in the above  mentioned cases, it is therefore important for an applicant wishing to enforce an arbitral award to  ensure that the arbitration proceedings is speedily concluded in order not to be caught up by the applicable limitation period. In the alternative, as advised by Elias CJN (as he then was) in Murmansk, it may be prudent for an aggrieved party to institute an action in court following a breach of the contract containing the arbitration agreement. Upon an application by the other party, the matter may be stayed pending the outcome of arbitration and this will effectively stop the limitation period from running.[52] The view of Elias CJN (as he then was seems to be the best option for any party wishing to escape the limitation period.

• Jurisdiction of the Enforcing Court in Nigeria

A successful party seeking to enforce a foreign arbitral award in Nigeria may be faced with an objection as to the jurisdiction of the enforcing court. The enforcing court as stated in the Arbitration and Conciliation Act,[53] include both the Federal High Court and High Court of a State and High Court of the Federal Capital Territory. It is noteworthy that the subject matter of the arbitration could affect the jurisdiction of the court during enforcement of an arbitral award see Access Bank v Erastus Akingbola[54] where Justice Candide Johnson of the High Court of Lagos State refused to register a foreign judgment issued in London under the Reciprocal Enforcement of Judgments Ordinance, 1922 because the subject matter of the English case dealt with capital market transactions. It was the opinion of the learned judge that the Federal High Court, being the court vested with exclusive jurisdiction over such matters by virtue of section 254 of the Constitution is the appropriate court to enforce the judgment.

It is important therefore for the party wishing to enforce a foreign arbitral award to know the appropriate court to commence the suit to avoid instances where the matter will be struck out for lack of jurisdiction.

• Frivolous Appeals against the decisions of the enforcing Court

This is one of the greatest challenges facing the enforcement of foreign arbitral awards in Nigeria, especially as most unsuccessful parties in an arbitral proceeding tend  to appeal orders of the enforcing court, sometimes up to the Supreme Court.[55] The right of appeal against the decisions of a High Court is undoubtedly protected under the Constitution.[56] However, the exercise of this right of appeal appears to make a mockery of the nature of arbitration as being final, binding and a speedy means of resolving disputes and also a major challenge to the arbitral process in Nigeria.

Where the enforcement of an arbitral award is challenged all the way to the Supreme Court and taking years to resolve, then the attractiveness of arbitration over litigation becomes whittled down. In that sense, it becomes a first step towards litigation rather than an alternative to litigation. It is therefore suggested that the right of appeal in arbitration cases should be severely restricted to achieve the main goal of arbitration which is resolving disputes in an expeditious manner.  Furthermore, an arbitral award should be treated like a consent judgment in the sense that both require the consent or approval of the parties to be made.

In the case of arbitration, the consent is given in the arbitration agreement by which the parties agree to resolve their dispute by arbitration and to be bound by the arbitral award. If this is the case, then it is our view that an appeal over an arbitral award should also be treated like an appeal over consent judgement as provided under the Constitution.[57]

In considering the application for enforcement of foreign arbitral award, the court will be expected to exercise its discretion judiciously and judicially as it is with consent judgement in order to avoid frivolous appeals on the matter and also in line with the overall objective of arbitration which is holding parties to their bargain.

• The length of time that it takes for arbitration and enforcement cases to reach the Supreme Court for final determination of the rights of the parties.

There is an urgent need to fast track arbitration cases especially cases involving enforcement of foreign arbitral awards, this is because the delay in adjudication of these cases discourage existing and future investors and also to Stop arbitration from appearing as the first step to litigation in the eyes of a common man.

3 The Prospects

1. Arbitration clauses should be thoroughly negotiated and properly drafted in precise/unambiguous terms and Prospective foreign investors should also appoint knowledgeable counsel during the negotiation stage of the agreement, in order to avoid intervention by the courts especially during enforcement of foreign arbitral awards.

2. The arbitration proceedings should further be conducted expeditiously, bearing in mind the limitation period for the commencement of an enforcement action, which is six years (6) from the date of accrual of the cause of action in a simple contract. The Supreme Court has ruled that the time begins to run from accrual of the cause of action resulting in the arbitration proceedings, and not from the date of the award. Accordingly, time is of the essence for the commencement of enforcement proceedings especially foreign arbitral awards.

3. Taking a clue from Ghana, there is an urgent need to pass Arbitration and Conciliation (Amendment) Bill before the National Assembly into law to reduce the challenges facing enforcement of foreign arbitral awards in Nigeria.

4. Other States of Nigeria should take clue from Lagos State by passing into law an arbitration law with progressive provisions like the Arbitration Law of Lagos State. They will not only attract investors but also avoid the challenges under the Nigerian Federal Arbitration Law.

4. Conclusion

Arbitration as an alternative dispute resolution mechanism will lose its benefits if it loses the ultimate advantage of speedy dispensation of justice. In other words, if parties who have agreed on going through with arbitration would after the conclusion of arbitration process be subjected to a cumbersome and time consuming process of enforcement of award especially during enforcement of foreign arbitral awards in Nigeria, then, it will appear that they would have been better off with litigation and this will no doubt discourage investors.  Bearing in mind the slow nature of most judicial process in Nigeria and the pressure on our courts, it is necessary for the judiciary to do away with these cumbersome processes that discourage people from arbitration for the benefit of our judicial system. Finally, this study suggests that the government, judiciary, parties, and stakeholders should err on the side of caution when it comes to enforcement of foreign arbitral awards in Nigeria to avoid making arbitration appears as the first step towards litigation thereby discouraging investors and potential investors.

---

*           Research Fellow, Nigerian Institute of Advanced Legal Studies, Supreme Court Complex Three Arms Zone, Abuja, LL.B,B.L,LL.M, PhD Scholar University of Jos Nigeria, izuegeruoh@ymail.com

[1]        Steven Finizo et al, ‘Energy Arbitration in Africa’ , The middle Eastern and Africa Arbitration Review (2016) <http://global arbitration review.com/benchmarking/the-middle-eastern-and-african-arbitration-review-2016/1036971/energy-arbitration-in-africa>  accessed 22 March 2017.

[2]        Emmanuel Obidimma, Mattew Izuchukwu Anushiem,Anaje T A, ‘Arbitration in the Oil and Gas  industry in Nigeria: Prospects and Challenges’<  www.academia.edu> accessed  23 March 2017.

[3]        Ibid.,  n. 2.

[4]        Paul Oboarenegbe Idornigie, Commercial Arbitration Law and Practice in Nigeria (Panaf press Abuja 2015) 292.

[5]        See  decision of Fletcher Moulton L.J in Doleman & Sons v. Ossett Corp (1912) 3 K.B 257 at 267   cited in Orojo J Olakunle and Ajomo M Ayodele,’’ Recognition and Enforcement of Award’’ ,  Law and practice of Arbitration and Concilliation in Nigeria (Mbeyi and Associates Nigeria Limited 1999)  297.

[6]         Arbitration and Conciliation Act  2004, Section 31 (1) ,  see J.O. Orojo and M.A Ajomo,’’ Recognition and Enforcement of Award’ ,  Law and practice of Arbitration and Concilliation in Nigeria,( Mbeyi and Associates Nigeria Limited, 1999); see also See the  Arbitration and Conciliation Act  1988 Cap A 18 LFN 2004, section 57 (1)  which defines High Court to include High Court of a State, the High Court of a Federal Capital Territory, Abuja or the Federal High Court; See Magbagbeola  V Sanni (2005) 11 NWLR (Pt. 936) 239.

[7]         Bryan A. Garner, Black’s Law Dictionary (9th ed.  West, a Thomson Reuters , 2009) 1425; see also  ‘’Res Judicata’’  Cornell University Law School  < https://www.law.cornell.edu>  accessed  26 March 2017.

[8]         The Act here refers to the Arbitration and Conciliation Act 1988, CAP A 18, LFN 2004.

[9]         The Arbitration and Conciliation Act 1988,  CAP A 18, LFN 2004, S. 51, 52 and 54.

[10]       See the Arbitration and Conciliation Act 1988,  CAP A 18 LFN, 2004

[11]       Orojo J Olakunle and Ajomo M Ayodele, ‘Recognition and Enforcement of Award’, Law and practice of Arbitration and Concilliation in Nigeria (Mbeyi and Associates Nigeria Limited 1999)  311.

[12]       Foreign Judgements (Reciprocal Enforcement) Act 1958 Cap F35, LFN 2004, sections 2 and 4 of the Act, see Paul Oboarenegbe Idornigie, Commercial Arbitration Law and Practice in Nigeria, (Panaf Press Abuja, 2015) 292; see  also Orojo  Olakunle and Ajomo M Ayodele, ‘’Recognition and Enforcement of Award’, Law and practice of Arbitration and Conciliation in Nigeria, (Mbeyi and Associates Nigeria Limited ,1999) 310 .

[13]       Arbitration and Conciliation Act 1988 Cap A18 L.F.N. 2004, S. 51(1).

[14]       The Foreign Judgement Reciprocal Enforcement Act 1958, Cap F35 L.F.N.2004, S. 51(2).

[15]       (1974) NNLR 1.

[16]       (1965) All NLR 92.

[17]       Orojo Olakunle and Ajomo M Ayodele,’’ Recognition and Enforcement of Award’’, Law and practice of Arbitration and Conciliation in Nigeria,( Mbeyi and Associates Nigeria Limited 1999)  305.

[18]       The Arbitration and Conciliation Act  1988 Cap A18 LFN 2004, S. 51(2), See Orojo J Olakunle and Ajomo M Ayodele, ‘Recognition and Enforcement of Award’, Law and practice of Arbitration and Conciliation in Nigeria, (Mbeyi and Associates (Nigeria) Limited (1999)   306.

[19]       Ibid., n.17 at 306.

[20]       Ibid., n.17.

[21]       Ibid.,  n. 17 at 307.

[22]       Ibid.,  n. 17 at 307

[23]       Ibid.,  n. 17 at 308

[24]       Ibid., n. 17  at 308.

[25]       Ibid., n.17 at 310.

[26]       Ibid.,  n. 17  at 311.

[27]       Ibid.,   n. 17 at   311.

[28]       Pinsent Mansons, “Enforcing International Arbitration Awards in England and Wales”   <https://www.pinsentmansons.com> accessed  23 March 2017.

[29]       Ibid.,  n. 33 at 1.

[30]       Ibid.,  n. 33 at 1.

[31]       Ibid.,  n. 33 at  2.

[32]       Ibid.,  n.33 at 2.

[33]       Ibid., n.33 at 2.

[34]       See the European Convention on Human Right 1950, article 6 (1) ,See also Pinsent Mansons , ‘’Enforcing International Arbitration Awards in England and Wales’’  < https://www.pinsentmansons.com >accessed  23 March 2017.

[35]       AB LexMall and Associates, Enforcement of Foreign Commercial Arbitration Awards in Ghana, <https://hg.org/article.asp> accessed 3 September 2017.

[36]       Ibid., n.35.

[37]       Ibid., n.35.

[38]       Ibid., n.35.

[39]       Ibid., n.35.

[40]       Ibid., n.35.

[41]       Ibid., n.35.

[42]       Ibid., n.35.

[43]       Dorothy Udeme Ufot ,’’ Arbitrating foreign investment disputes in Nigeria: Prospects and challenges’’  <http://www.international lawoffice.com/Newsletters/Arbitration-ADR/Nigeria/Dorothy-Ufot-Co/Arbitrating-foreign-investment-disputes-in-Nigeria-prospects-and-challenges>accessed  21 March 2017; see Olushola Abiloye and Jamiu Akolade, ‘’Challenges in the Recognition and Enforcement of Foreign Arbitral Award in Nigeria’’ <www.acas-law.com >accessed  25 march 2017  ;  see also Andrew I Okekeifere, ‘’The Enforcement and Challenge of Foreign Arbitral Awards in Nigeria’’ (2007) Journal of international Arbitration, <https://www.kluwerlawonline.com > accessed  25 March 2017.

[44]       The Arbitration law of Lagos State, 2009.

[45]       (1974) All N.L.R 893.

[46]       (1997) 9 NWLR (520) 244.

[47]       Arbitration Law of Lagos State 2009 , S.35 (5).

[48]       Ibid., n. 43.

[49]       (1974) All N.L.R 893.

[50]       (1997) 9 NWLR (520) 244 ;see also Agromet Motoimport Ltd v Maulden Engineering Co.(Beds) Ltd (1985) 2 All ER 436.

[51]       [2011] 4 NWLR (Pt1237)254.

[52]       Olushola Abiloye and Jamiu Akolade, ‘’Challenges in the Recognition and Enforcement of Foreign Arbitral Awards in Nigeria’’, <www.acas-law.com >accessed 25 March 2017.

[53]       See the Arbitration and Conciliation Act 1988 Cap A18 2004 , S. 57 (1).

[54]       (Suit No. M/563/2013)  cited in  Olushola Abiloye and Jamiu Akolade, Challenges in the Recognition and Enforcement of Foreign Arbitral Award in Nigeria, <www.acas-law.com >accessed  25 March 2017.

[55]       Ibid.,  n. 46.

[56]       The Constitution of Federal Republic of Nigeria, 1999 (as Amended), section 241 (1).

[57]       The Constitution of Federal Republic of Nigeria, 1999 (as amended), section 241(2).

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