Enforcement of Arbitration Awards in Commercial Disputes in Abuja: An Analysis of Judicial Attitudes

📖 ABSTRACT/OVERVIEW

The effective enforcement of arbitral awards is fundamental to the credibility of commercial arbitration as an alternative dispute resolution mechanism in Nigeria. This study analyses judicial attitudes towards the recognition and enforcement of both domestic and foreign arbitral awards in Abuja, focusing on decisions of the Federal High Court and the High Court of the Federal Capital Territory between 2019 and 2024. Using a doctrinal methodology, the research examines the Arbitration and Mediation Act 2023, the New York Convention as domesticated in Nigeria, and relevant case law to identify the grounds upon which Nigerian courts have refused or delayed enforcement. The study finds that courts frequently invoke public policy exceptions in ways that expand beyond internationally accepted standards, creating unpredictability for commercial parties. Additionally, delays in setting aside proceedings and inadequate judicial education in arbitration law are identified as systemic problems. The research conducts a comparative review of enforcement jurisprudence in Ghana and Kenya to propose legislative and institutional reforms for Nigeria. Primary data is drawn from interviews with 25 commercial arbitrators and 15 litigation counsel based in Abuja. The study recommends judicial training programmes, the designation of specialised commercial courts for arbitration matters, and legislative amendment to clarify and narrow public policy grounds for refusal of enforcement. Keywords: arbitration, enforcement, arbitral awards, Federal High Court, Abuja

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Departments# Private Law