Delegates at the recent Chartered Institute of Arbitrators (Nigeria Branch) Annual Conference have urged courts to adopt a balanced approach to the enforcement of arbitral awards.
In a communique issued at the end of the conference held in Lagos, the delegates said enforcement of arbitral awards was central to arbitration credibility and there should be a balance between “interventionist approach”, which allows courts to scrutinise awards closely and “cautionary” or “hands-off” approach, which prioritises party autonomy.
They urged that a balanced application is essential to maintaining both judicial oversight and the integrity of arbitration.” The conference, which was declared open by Lagos State Governor, Mr Babajide Sanwo-Olu, emphasised the urgent need to enhance the expertise of Nigerian judges in arbitration matters and urged the National Judicial Institute (NJI) to integrate comprehensive arbitration modules into its judicial training curriculum in this regard.
The delegates recommended that the Appeal Court’s rules, currently designed for commercial disputes and election petitions, could be expanded to cover arbitration matters, reduce delays and strengthen confidence in the judicial support for arbitration.
On the National Arbitration Policy, the conference noted that a strong enforcement ecosystem is the core determinant of an arbitration-friendly jurisdiction, warning that “judicial delays, inconsistent decisions and procedural bottlenecks are major factors that undermine attractiveness as a seat.”
It also urged organisations to conduct post-arbitration reviews irrespective of the success or failure of the arbitration, to improve existing processes and future outcomes.
Commending the introduction of third-party funding of arbitration disputes, the delegates said regulatory oversight was necessary to prevent exploitation and ensure arbitral independence.
They warned that while Artificial Intelligence was increasingly used in document drafting and review, legal research and predictive analysis, thereby enhancing speed and efficiency, it cannot replace human legal judgment.
The delegates urged courts not to set aside foreign arbitral awards, noting that their role is strictly limited to deciding whether to enforce or decline recognition of foreign awards.
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