Arbitration Law and Public Interest: An Assessment of the Arbitration and Mediation Act 2023 and Its Implications for Government Contracts

The Arbitration and Mediation Act 2023 represents Nigeria's most significant reform of commercial arbitration law, replacing the 1988 Act and modernising the legal framework for both domestic and international arbitration. The Act introduces provisions on arbitrability, interim relief, enforcement of awards, and mediated settlements that have direct implications for the resolution of disputes involving government contracts, infrastructure projects, and public private partnerships. This study professionally assesses the Arbitration and Mediation Act 2023 with a focus on its implications for government contract disputes, examining the public interest dimensions of arbitrating against state actors and the enforceability of arbitral awards against government entities in Nigeria. A doctrinal methodology is applied, reviewing the AMA 2023, the Federal Government's arbitration clause policy, relevant court decisions on enforcement of awards against government agencies, and comparative analysis from Singapore and the United Kingdom. The study evaluates sovereign immunity claims in enforcement proceedings, confidentiality provisions in public contract arbitrations, and the Act's provisions on transparency in investment treaty arbitration. Available arbitration law literature from Nigeria identifies sovereign immunity inconsistency in enforcement proceedings and inadequate arbitrator independence standards in government-related arbitrations as the dominant professional concerns. The Principle of Arbitrability and the State Immunity in International Arbitration Framework guide the analysis. Recommendations address statutory sovereign immunity waiver provisions and mandatory disclosure rules for government arbitrations. Keywords: arbitration law, government contracts, AMA 2023, public interest, Nigeria.