COMPARATIVE PERSPECTIVES OF THE PRACTICE AND PROCEDURE FOR THE ENFORCEMENT OF ARBITRAL AWARDS IN NIGERIA AND OTHER SELECTED JURISDICTIONS

Abstract

The enforcement of arbitral awards represents the final and critical stage of the arbitration process. Despite the existence of international instruments such as the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 and the adoption of modern arbitration statutes, enforcement practices remain uneven across jurisdictions. In Nigeria, procedural delays and frequent objections by award debtors, among other factors, continue to undermine arbitral finality and efficiency. This paper aims to examine the practice and procedure for the enforcement of arbitral awards in Nigeria and selected jurisdictions. The study adopts doctrinal and comparative research methodology. The paper finds that Nigeria’s enforcement framework under the Arbitration and Mediation Act 2023 substantially aligns with international arbitration standards, particularly through the adoption of limited and clearly defined grounds for refusing recognition and enforcement. Nigerian appellate courts increasingly demonstrate a pro-enforcement posture by emphasizing party autonomy and arbitral finality. However, enforcement practice at the trial court level remains affected by procedural delays, technical objections, and inconsistent application of statutory provisions. The study recommends stricter judicial adherence to the refusal grounds under the Arbitration and Mediation Act 2023, improved judicial training in arbitration law, and the adoption of streamlined enforcement procedures to reduce delay, among others.