ARBITRATION AND CONCILIATION ACT

Section 48: Setting aside of arbitral award.

1988Section 48 of 58Federal Republic of Nigeria

The court may set aside an arbitral award-(a) if the party making the application furnishes proof-
(i) that a party to the arbitration agreement was under some incapacity;
(ii) that the arbitration agreement is not valid under the law which the parties have indicated should be applied, or failing such indication, that the arbitration agreement is not valid under the laws of Nigeria;
(iii) that he was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise not able to present his case;
(iv) that the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration;or
(v) that the award contains decisions on matters which are beyond the scope of the submission to arbitration, so however that if the decisions on matters submitted to arbitration can be separated from those not submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside; or
(vi) that the composition of the arbitral tribunal, or the arbitral procedure, was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Act from which the parties cannot derogate; or
(vii) where there is no agreement between the parties under subparagraph (vi) of this paragraph, that the composition of the arbitral tribunal or the arbitral procedure was not in accordance with this Act; or
(b) if the court finds-
(i) that the subject matter of the dispute is not capable of settlement by arbitration under the laws of Nigeria, or
(ii) that the award is against public policy of Nigeria.

Cite this section

Section 48, ARBITRATION AND CONCILIATION ACT (1988).

https://repo.podus.ai/laws/arbitration-and-conciliation-act/section/48/