Empirical Analysis of Judicial Attitudes Toward Arbitration Agreement Enforcement in Nigerian Commercial Courts (2015 to 2023)

Arbitration agreement enforcement is foundational to Nigeria's commercial dispute resolution system, yet empirical evidence on the judicial attitudes of Nigerian commercial courts toward these agreements, including stay applications, anti-suit injunctions, and scope disputes, remains limited. This study empirically analyses judicial decisions on arbitration agreement enforcement across the Federal High Court, Lagos State High Court, and Court of Appeal from 2015 to 2023. A systematic review of 75 published decisions was conducted, coding for arbitration agreement validity, stay application outcomes, appointment assistance, and enforceability of awards. Regression analysis was used to identify predictors of pro-arbitration judicial outcomes. Structured interviews with 20 commercial arbitration practitioners supplemented the doctrinal analysis. Results indicate that courts granted stays of proceedings in favour of arbitration in 71 percent of applications, reflecting an increasingly arbitration-friendly judicial posture. However, 29 percent of stay applications were refused on jurisdictional or unconscionability grounds, with inconsistent reasoning. Appointment of arbitrators by courts in default situations was available but slow. Award enforcement faced domestic public policy challenges in 18 percent of reviewed cases. The study fills an empirical gap by providing quantitative analysis of judicial arbitration attitudes. It concludes that commercial court arbitration support mechanisms require procedural streamlining and recommends a revised Arbitration and Conciliation Act implementation guide and dedicated commercial arbitration training for High Court judges.

Keywords: arbitration enforcement, commercial courts, judicial attitudes, stay of proceedings, Nigeria