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Appraisal of Challenges Confronting Recognition and Enforcement of Arbitral Awards in Nigeria.

Author: Akpanke Richard Akwagiobe, Okpoko Mercy and Otudor Lovina
Publisher: NEWPORT INTERNATIONAL JOURNAL OF CURRENT ISSUES IN ARTS AND MANAG
Published: 2024
Section: College of Education, Open and Distance Learning

Abstract

Arbitration is an alternative dispute resolution method often commenced by express agreement of parties in a dispute.
Arbitration has become an increasingly preferred method of settling commercial disputes and thought to have
advantages over the traditional litigation. However, a problem could emerge where one party to the arbitration is
unwilling to comply with the terms of the award. In this case a successful party is left with no option than to use the
enforcement machinery of the courts. This paper adopts the doctrinal approach in discussing the issues with the
procedure provided for in the various rules of courts for recognition and enforcement of arbitral awards. It also
identifies the challenges inherent in the recognition and enforcement of arbitral awards. The paper identifies other
enforcement machineries outside the courts and concludes that arbitration, if not properly managed may ultimately
cause delay in enforcement and become a time wasting method therefore defeating the very essence of opting for
arbitration instead of litigation.