ARBITRATION AND MEDIATION ACT, 2023

(1) The objective of this Part is to promote fair resolution of disputes by an impartial tribunal without unnecessary delay or expense.
(2) Parties to a dispute are at liberty to decide the means by which their disputes may be resolved, provided they adhere to measures that are necessary to promote peaceful existence and protect public interest.
(3) An arbitration agreement between parties for settlement of dispute shall be binding on parties and enforceable against each of the parties to the exclusion of any other dispute resolution method unless the parties otherwise provide or the agreement is void.
(4) Parties, arbitrators, arbitral institutions, appointing authorities and the court shall do all things necessary for the proper and expeditious conduct of the arbitral proceedings.
(5) This Part shall apply to -
(a) international commercial arbitration, subject to any agreement in force between Federal Republic of Nigeria and any other country or countries;
(b) inter-state commercial arbitration within the Federal Republic of Nigeria; and
(c) commercial arbitration within the Federal Republic of Nigeria.
(6) The provisions of this Part shall apply, where the seat of the arbitration is in the territory of the Federal Republic of Nigeria.
(7) The powers of the Court under this subsection shall apply even where the seat of the arbitration is outside the Federal Republic of Nigeria or the parties have not designated the seat or no seat has been determined -
(a) section 5 (power to stay court proceedings);
(b) section 19 (power of Court to grant interim measures of protection);
(c) section 28 (recognition and enforcement of interim measures);
(d) section 29 (refusing recognition and enforcement of interim measures);
(e) section 43 (securing the attendance of witnesses);
(f) section 57 (recognition and enforcement of awards); and
(g) section 58 (refusing recognition and enforcement of awards).

(1) Arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate complete agreement.
(2) The arbitration agreement shall be in writing.
(3) An arbitration agreement shall be in writing where its content is recorded in any form, whether or not the arbitration agreement or contract has been concluded orally, by conduct, or by any other means.
(4) The requirement for arbitration agreement to be in writing is met, where it is -
(a) by an electronic communication, as defined in section 91, and the information contained in it is accessible so as to be useable for subsequent reference; and
(b) it is contained in an exchange of points of claim and defence in which the existence of an agreement is alleged by one party and not denied by the other.
(5) Reference in a contract or a separate arbitration agreement to a document containing an arbitration clause constitutes an arbitration agreement in writing, provided that the reference is in a manner that makes it part of the contract or the arbitration agreement.

Subject to section 5(1) of this Act, and unless the parties agree otherwise, an arbitration agreement is irrevocable.

(1) An arbitration agreement shall not be invalid by reason of the death of any of the parties to the agreement.
(2) The authority of an arbitrator shall not be revoked by the death, bankruptcy, insolvency or other change in circumstance of any party by whom the arbitrator was appointed.
(3) Nothing in this section shall be construed to affect the operation of any law by virtue of which any right of action is extinguished by the death of a person.
(4) For the purposes of this section, "death" includes the meaning ascribed to it in section 91(1) of this Act.

(1) Notwithstanding the provisions of any other law, a court before which an action is brought in a matter, which is the subject of an arbitration agreement shall, if any of the parties request, not later than when submitting their first statement on the substance of the dispute, refer the parties to arbitration unless it finds that the agreement is void, inoperative or incapable of being performed.
(2) Where an action referred to in subsection (1) has been brought before a court, arbitral proceedings may be commenced or continued, and an award may be made by the arbitral tribunal while the matter is pending before the court.
(3) Where a court makes an order for stay of proceedings under subsection ( 1) the court may, for the purpose of preserving the rights of parties, make an interim or supplementary order as may be necessary.

(1) Parties to an arbitration agreement may agree on the number of arbitrators to constitute an arbitral tribunal.
(2) Where there is no agreement as to the number of arbitrators, the arbitral tribunal shall consist of a sole arbitrator.

(1) A person shall not be precluded, by reason of the person's nationality, from acting as anarbitrator, unless it is agreed to by the parties.
(2) Parties may agree on a procedure of appointing an arbitrator, subject to the provisions of subsections (4) and (5).
(3) Subject to section 59 of this Act, where the parties fail to agree on the procedure for appointing an arbitrator under subsection (2), in an arbitration -
(a) with three arbitrators, each party shall appoint one arbitrator, and the two arbitrators appointed shall appoint the third arbitrator. Where a party fails to appoint the arbitrator within 30 days of receipt of a request to do so from the other party, or where the two arbitrators appointed by the parties fail to agree on the third arbitrator within 30 days of their appointment, the appointment shall be made, upon request of a party, by the appointing authority designated by the parties or, failing such designation, by an arbitral institution in Nigeria or by the Court;
(b) with a sole arbitrator, where the parties are unable to agree on the arbitrator within 30 days after the receipt of a written communication containing a request for the dispute to be referred to arbitration by the other party or parties, the arbitrator shall be appointed, upon request of a party, by the appointing authority designated by the parties or, failing such designation, by any arbitral institution in Nigeria or by the Court;
(c) where the parties to a dispute are more than two, and the arbitration agreement entitles each party to nominate an arbitrator, if within 30 days of the receipt of a written communication containing a request for the dispute to be referred to arbitration, the parties have not agreed in writing that the disputing parties represent two separate sides for the formation of the arbitral tribunal as claimant and respondent respectively, then the appointing authority designated by the parties or, failing such designation, any arbitral institution in Nigeria or the Court shall, upon request of a party, have the power to appoint the arbitral tribunal without regard to any party's nomination;
(d) where the designated appointing authority or, failing such designation, any arbitral institution in Nigeria or the Court is requested to appoint an arbitrator under the provisions of this section, the party which makes the request shall send to the appointing authority, arbitral institution or Court, a copy of the request for a dispute to be referred to arbitration, a copy of the contract out of or in relation to which the dispute has arisen and a copy of the arbitration agreement if it is not contained in the contract. The appointing authority, arbitral institution or Court may require from either party such other information as it deems necessary to fulfil its functions under this Act; and
(e) where a party proposes the names of one or more persons for appointment as arbitrators, their full names, addresses and nationalities shall be indicated, together with a description of their qualifications.
(4) Save as otherwise specifically provided under this Act, where, under an appointment procedure agreed upon by the parties -
(a) a party fails to act as required under the procedure;
(b) the parties, or the two arbitrators appointed by the parties, are unable to appoint the third and presiding arbitrator; or
(c) the appointing authority, a third party, including an arbitral institution fails to perform any function entrusted to it under such appointment procedure, any party may request the Court to take the necessary action, or perform the necessary function, unless the appointment procedure agreed by the parties provides other means for securing the appointment.
(5) The appointing authority, arbitral institution or the Court exercising its power of appointment under this section shall -
(a) appoint within 30 days of the request;
(b) have due regard to the qualification required of an arbitrator in the arbitration agreement and to the considerations as are likely to secure the appointment of an independent and impartial arbitrator; and
(c) in the case of a sole or third arbitrator, take into account the advisability of appointing an arbitrator of a nationality other than those of the parties.
(6) The constitution of the arbitral tribunal shall not be hindered by any controversy with respect to the arbitral institution chosen by a party.

(1) Where a person is approached in connection with possible appointment as an arbitrator, the person shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence.
(2) An arbitrator shall from the time appointed and throughout the arbitral proceedings, disclose to the parties any relevant circumstances not within the knowledge of the parties.
(3) An arbitrator may only be challenged where circumstances exist that give rise to justifiable doubts as to his or her impartiality or independence, or if he or she does not possess qualifications agreed to by the parties.
(4) A party may only challenge an arbitrator it appointed, or in whose appointment it has participated for reasons of which it becomes aware after the appointment has been made.

(1) The parties may agree on a procedure for challenging an arbitrator, subject to the provisions of subsection (3).
(2) Where agreement is not reached between the parties under subsection (1), a party who intends to challenge an arbitrator shall, within 14 days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstance referred to in section 8 (3) and (4) of this Act, send a written statement of the reasons for the challenge to the arbitral tribunal and unless the challenged arbitrator withdraws or the other party or parties agree to the challenge, the arbitral tribunal shall decide on the challenge.
(3) Where a challenge under any procedure agreed upon by the parties or under subsection (2) is not successful, the challenging party may, within 30 days after having received notice of the decision rejecting the challenge, request either -
(a) the appointing authority, arbitral institution or the Court that appointed the arbitrator; or
(b) where the party that appointed the arbitrator, the Court, as may be appropriate to decide the challenge and while the request is pending, the arbitral tribunal, including the challenged arbitrator, may continue the arbitral proceedings and make an award.
(4) The appointing authority, arbitral institution or Court shall decide on the admissibility and, at the same time, if necessary, on the merits of the challenge after affording an opportunity for the arbitrator concerned, the other party or parties and any other members of the arbitral tribunal to comment in writing within a suitable period of time.
(5) The submitting party shall communicate the comments to the other party or parties and to the arbitrators.

(1) Where, by reasons of law or fact an arbitrator is unable to perform his or her functions or fails to act without undue delay, the arbitrator's mandate shall terminate upon his or her withdrawal or by the agreement of the parties on the termination.
(2) Where dispute remains between the parties as to the grounds upon which the arbitrator's mandate is sought to be determined, any party may request the Court to decide on the termination of the mandate.
(3) Where, under this section or section 9(2), an arbitrator withdraws from office or a party agrees to the termination of the mandate of an arbitrator, this shall not imply acceptance of the validity of any ground referred to in this section or section 8(3) and (4).

Where the mandate of an arbitrator terminates under sections 9 or 10 of this Act or because of withdrawal from office for any other reason or because of the revocation of mandate by agreement of the parties or, in any other case of termination of mandate, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced.

(1) The parties may agree with an arbitrator as to the consequences of the arbitrator's withdrawal from office as regards -
(a) the arbitrator's entitlement, if any, to fees or expenses; and
(b) any liability incurred by the arbitrator.
(2) Where there is no agreement referred to in subsection (1) -
(a) an arbitrator who withdraws from appointment may, upon notice to the parties, apply to the appointing authority designated by the parties or, failing such designation, apply to the Court to -
(i) grant the arbitrator relief from any liability incurred by the arbitrator, and
(ii) make any order as it deems fit with respect to the arbitrator's entitlement, if any, fees, expenses or the refund of any fees or expense already paid; and
(b) where the appointing authority or, where applicable, the Court is satisfied that it was reasonable for the arbitrator to withdraw, the Court may grant any relief under paragraph (a) on such terms as it deems fit.
(3) Subject to subsection (6), the authority of an arbitrator is personal and ceases upon the death of the arbitrator.
(4) Where the mandate of an arbitrator terminates under section 10 of this Act, or by resignation or death, the parties may agree -
(a) whether and to what extent the previous proceedings should stand; and
(b) in the event of the death of the arbitrator, the sum, if any to be paid to the estate of the arbitrator for work done and the refund of expenses incurred.
(5) Where and to the extent that there is no such agreement, the tribunal when reconstituted shall determine -
(a) whether and to what extent the previous proceedings shall stand; and
(b) the sum, if any, payable to the estate of the deceased arbitrator.
(6) The arbitrator's ceasing to hold office does not affect any appointment made alone or jointly with another arbitrator, in particular, any appointment of a presiding arbitrator.

(1) An arbitrator, appointing authority or an arbitral institution is not liable for anything done or omitted in the discharge or purported discharge of their functions as provided in this Act, unless their action or omission is shown to have been in bad faith.
(2) Subsection (1) applies to an employee of an arbitrator, appointing authority or an arbitral institution as it applies to the arbitrator, the appointing authority or the arbitral institution in question.
(3) This section shall not affect any liability incurred by an arbitrator by reason of the arbitrator's withdrawal under section 12 of this Act.

(1) The arbitral tribunal shall rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement.
(2) For the purpose of subsection (1), an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract and a decision by the arbitral tribunal that the contract is void does not entail ipso jure the invalidity of the arbitration clause.
(3) In any arbitral proceeding, a plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the points of defence and a party is not precluded from raising such a plea by the fact that it has appointed or participated in the appointment of an arbitrator.
(4) A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings and the arbitral tribunal may, in a case falling either under subsection (3), admit a later plea where it considers the delay justified.
(5) The arbitral tribunal may rule on any plea referred to it under subsections (3) and (4), either as a preliminary question or in an award on the merits and the ruling is final and binding.
(6) Where the tribunal rules as a preliminary question that it has jurisdiction, a party may request, within 30 days after having received notice of the ruling, the Court to decide the matter.
(7) Where the arbitral tribunal rules on its jurisdiction as a preliminary question, it may continue with the proceedings and make an award notwithstanding that a party has recourse to a Court in respect of such ruling.

(1) The arbitral tribunal shall decide the disputes in accordance with the rules of law that is chosen by the parties as applicable to the substance of the dispute.
(2) Any designation of the law or legal system of a given jurisdiction or territory shall be construed, unless otherwise expressed, as directly referring to the substantive law of that jurisdiction or territory and not to its conflict of law rules.
(3) Where parties fail to choose or designate any law or legal system of a given jurisdiction or territory as required in subsection (1), the arbitral tribunal shall apply the law determined by the conflict of law rules which it considers applicable.
(4) The arbitral tribunal shall not decide ex aequo et bono or as amiable compositeur, unless the parties have expressly authorised it to do so.
(5) In all cases, the arbitral tribunal shall -
(a) decide in accordance with the terms of the contract; and
(b) where established by credible evidence, take account of the usages of the trade applicable to the transaction.

(1) A party that requires emergency relief may, concurrent with or following the filing of a request for a dispute to be referred to arbitration but before the constitution of the arbitral tribunal, submit an application for the appointment of an emergency arbitrator to any arbitral institution designated by the parties, or, failing such designation, to the Court, as defined in section 91.
(2) The party who requires the appointment of an emergency arbitrator shall provide sufficient copies of the application to the arbitral institution or the Court to make one copy available for the emergency arbitrator and one copy for each party, who shall be notified of the proceedings in accordance with subsection (6).
(3) Unless the parties agree otherwise, the application shall include the following information about -
(a) a statement of the emergency relief sought;
(b) the name in full, description, address and other contact details of each party;
(c) a description of the circumstances that give rise to the application and of the underlying dispute referred to arbitration;
(d) the reason why the applicant needs the emergency relief on an urgent basis that cannot await the constitution of an arbitral tribunal;
(e) the reasons why the applicant is entitled to the emergency relief; and
(f) any relevant agreement and, in particular, the arbitration agreement.
(4) The application may contain any other document or information as the applicant considers appropriate or that may contribute to the efficient examination of the application.
(5) Where the arbitral institution or Court determines that it should accept the application, it shall, unless the parties otherwise agree, appoint an emergency arbitrator within two business days after the date the application is received.
(6) Once the emergency arbitrator has been appointed, the arbitral institution or Court shall, at the expense of the party making the application, immediately notify the emergency arbitrator and other party or parties named in the application, not later than the close of business on the business day following the date the application is granted, or any other time, not exceeding two business days, as the arbitral institution or Court considers to be appropriate in the circumstances, and written communications from the parties shall subsequently be submitted directly to the emergency arbitrator with a copy to the other party or parties.
(7) Every emergency arbitrator shall be and remain impartial and independent of the parties involved in the dispute.
(8) A prospective emergency arbitrator shall sign and deliver to the parties a statement of acceptance, availability, impartiality and independence.
(9) The emergency relief proceedings shall be in accordance with the provisions of Article 27 of the First Schedule to this Act. [First Schedule]
(10) This section and Article 27 of the First Schedule to this Act shall not prevent any party from seeking urgent interim measures from a Court under section 19 of this Act, at any time before making an application for the measures, and in appropriate circumstances thereafter. [First Schedule]
(11) Any application for urgent interim measures from a competent Court is not deemed to be an infringement or waiver of the arbitration agreement.

(1) Unless the parties agree otherwise -
(a) a challenge against the appointment of the emergency arbitrator shall be made within three days from the day the party that makes the challenge receives the notification of the appointment or from the date when that party was informed of the facts and circumstances on which the challenge is based, where such date is after the receipt of such notification; and
(b) the provisions of this Act relating to the grounds for challenge of an arbitrator under section 8 of this Act shall also apply to the grounds for challenge of an emergency arbitrator.
(2) The arbitral institution or Court that appoints the emergency arbitrator will decide the challenge after a reasonable opportunity has been afforded to the emergency arbitrator and the parties to provide submissions in writing, but no later than three business days after the date of the challenge.
(3) Where an emergency arbitrator -
(a) dies,
(b) has been successfully challenged,
(c) has been removed, or
(d) has withdrawn,
the arbitral institution or Court shall appoint a substitute emergency arbitrator within two business days.
(4) Where the emergency arbitrator is replaced, the emergency relief proceedings shall resume at the stage where the emergency arbitrator was replaced or ceased to perform assigned functions, unless the substitute emergency arbitrator decides otherwise.

(1) Where the parties have agreed on the seat of arbitration, that seat shall be the seat of the emergency relief proceedings.
(2) Where the parties have not agreed on the seat of the arbitration, the arbitral institution or Court that appointed the emergency arbitrator shall fix the seat of the emergency relief proceedings, without prejudice to the determination of the seat of arbitration by the arbitral tribunal under section 32 of this Act.
(3) Any meeting with the emergency arbitrator may be conducted through a meeting in person at a location which the emergency arbitrator considers appropriate or by video conference, telephone or similar means of communication.

Without prejudice to section 16 of this Act, a Court has the power to issue interim measures of protection for the purposes of, and in relation to arbitration proceedings whose seat is in the Federal Republic of Nigeria or is in another country as it has for the purpose of, and in relation to proceedings in the Courts, and shall exercise that power within 15 days of any application, in accordance with the rules set out in the Third Schedule to this Act. [Third Schedule]

(1) Unless otherwise agreed to by the parties, the arbitral tribunal may, at the request of a party, grant interim measures.
(2) An interim measure is a temporary measure, whether in the form of an award or in another form, which, at any time before the award which decides the dispute is issued, the arbitral tribunal orders a party to -
(a) maintain or restore the status quo pending determination of the dispute;
(b) take action that may prevent, or refrain from taking action that is likely to cause, current or imminent harm or prejudice to the arbitral process itself;
(c) provide a means of preserving assets out of which a subsequent award may be satisfied; or
(d) preserve evidence that may be relevant and material to the resolution of the dispute or preserve the subject matter of the arbitration itself.

(1) The party requesting an interim measure under section 20(2)(a), (b) and (c) shall satisfy the arbitral tribunal that -
(a) harm not adequately reparable by an award of damages is likely to result where the measure is not ordered, and the harm substantially outweighs the harm that is likely to result to the party against whom the measure is directed where the measure is granted; and
(b) there is a reasonable possibility that the requesting party may succeed on the merits of the claim, provided that any determination on this possibility does not affect the discretion of the arbitral tribunal to make any subsequent determination.
(2) With regard to a request for an interim measure under section 20 (2) (d), the requirements under subsection (1)(a) and (b) shall apply only to the extent the arbitral tribunal considers appropriate.

(1) Unless otherwise agreed to by the parties, a party may, without notice to any other party, make a request to the arbitral tribunal for an interim measure together with an application for a preliminary order directing a party not to frustrate the purpose of the interim measure requested.
(2) The arbitral tribunal may grant a preliminary order, provided it considers that prior disclosure of the request for the interim measure to the party against whom it is directed may frustrate the purpose of the measure.
(3) The conditions defined under section 21(1) of this Act apply to any preliminary order, provided that the harm to be assessed under section 21 (1) (a) is the harm likely to result from the order being granted or not.

(1) Immediately after the arbitral tribunal has made a determination in respect of an application for a preliminary order, the arbitral tribunal shall give notice to all parties of the request for the interim measure, the application for the preliminary order, the preliminary order, if any, and all other communications, including by indicating the content of any oral communication between a party and the arbitral tribunal in relation thereto.
(2) The arbitral tribunal shall give opportunity to any party against whom a preliminary order is directed to present its case at the earliest possible time.
(3) The arbitral tribunal shall decide promptly on any objection to the preliminary order.
(4) A preliminary order shall expire after 20 days from the date on which it was issued by the arbitral tribunal, provided that the arbitral tribunal may issue an interim measure adopting or modifying the preliminary order, after the party against whom the preliminary order is directed has been given notice and an opportunity to present its case.
(5) A preliminary order is binding on the parties but is not subject to enforcement by a Court and the preliminary order does not constitute an award.

The arbitral tribunal may modify, suspend or terminate an interim measure or a preliminary order it has granted on application of a party or, in exceptional circumstances and upon prior notice to the parties, on the initiative of the arbitral tribunal including where (a) important facts were concealed from the arbitral tribunal;
(b) the interim measures or preliminary order was fraudulently obtained;
(c) facts have come to the knowledge of the arbitral tribunal, which, if the arbitral tribunal had known at the material time, it would not have granted the order; and
(d) it is just and equitable in the circumstance to modify, suspend or terminate the order.

(1) The arbitral tribunal may require the party requesting an interim measure to provide appropriate security in connection with the measure.
(2) The arbitral tribunal shall require the party applying for a preliminary order to provide security in connection with the order unless the arbitral tribunal considers it inappropriate or unnecessary to do so.

(1) The party requesting an interim measure shall promptly disclose any material change in the circumstances upon which the measure was requested or granted.
(2) The party applying for a preliminary order shall disclose to the arbitral tribunal all circumstances that are likely to be relevant to the determination by the arbitral tribunal whether to grant or maintain the order, and that obligation continues until the party against whom the order has been requested has had an opportunity to present its case.
(3) The applying party shall have the same obligation to disclosure with respect to the preliminary order that a requesting party has with respect to an interim measure under subsection (1).

(1) The party requesting an interim measure or applying for a preliminary order is liable for costs and damages caused by the measure or the order to the party against whom it is directed if the arbitral tribunal later determines that, in the circumstances, the measure or the order should not have been granted.
(2) The arbitral tribunal may award such costs and damages at any point during the proceedings.

(1) An interim measure issued by an arbitral tribunal is binding and, unless otherwise provided by the arbitral tribunal, shall be enforced upon an application to the Court, irrespective of the country in which it was issued, subject to section 29 of this Act.
(2) The party who is seeking or has obtained recognition or enforcement of an interim measure shall promptly inform the Court of any termination, suspension or modification of that interim measure.
(3) The Court to which a request for recognition and enforcement of an interim measure is presented may, where it considers it proper, order the requesting party to provide appropriate security if the arbitral tribunal has not already made a determination with respect to security or where the decision is necessary to protect the rights of third parties.

(1) Recognition or enforcement of an interim measure may be refused only -
(a) at the request of the party against whom it is invoked, where the Court is satisfied that the
(i) refusal is warranted on the grounds set forth in section 58(2)(a) (i), (ii), (iii), (iv), (v), (vi) or (vii) of this Act,
(ii) decision of the arbitral tribunal with respect to the provision of security in connection with the interim measure issued by the arbitral tribunal has not been complied with, or
(iii) interim measure has been terminated or suspended by the arbitral tribunal or, where so empowered, by a competent authority in the Country in which the arbitration takes place or under the law of which that interim measure was granted; or
(b) where the Court finds that -
(i) the interim measure is incompatible with the powers conferred upon the Court, unless the Court decides to reformulate the interim measure to the extent necessary to adapt it to its own powers and procedures for the purposes of enforcing that interim measure and without modifying its substance, or
(ii) any of the grounds set forth in section 58(2)(b) apply to the recognition and enforcement of the interim measure.
(2) Any determination made by the Court on any ground in subsection (1) is effective only for the purposes of the application to recognise and enforce the interim measure.
(3) The Court where recognition or enforcement is sought shall not, in making determination, undertake a review of the substance of the interim measure.

In any arbitral proceedings, the arbitral tribunal shall ensure that the parties are -(a) treated equally and that each party is given reasonable opportunity of presenting its case; and
(b) accorded a fair resolution of the dispute without unnecessary delay or expense.

(1) Subject to the provisions of this Act, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings, provided that where parties do not have arbitral agreement, the arbitral proceedings shall be in accordance with the procedure contained in the Arbitration Rules set out in the First Schedule to this Act. [First Schedule]
(2) Where the agreed procedure or rules referred to in subsection (1) contain no provision in respect of any matter related to the arbitral proceedings, the arbitral tribunal shall conduct the arbitral proceedings in such a manner that is consistent with section 30 of this Act.
(3) The power conferred on the arbitral tribunal includes the power to determine the admissibility, relevance, materiality and weight of any evidence.

(1) The seat of the arbitration shall be designated
(a) by the parties to the arbitration agreement;
(b) by an arbitral or other institution or person authorised by the parties with powers in that regard; or
(c) subject to subsection (2), by the arbitral tribunal.
(2) Where the parties have not designated the seat of the arbitration and they have not authorised any arbitral or other institution to designate the seat of the arbitration, the seat of the arbitration shall be any place in Nigeria as the arbitral tribunal may determine, unless the arbitral tribunal decides that a place in another Country should be the seat of the arbitration having regard to all the relevant circumstances, including -
(a) the Country with which the parties and the transaction have the closest connection;
(b) the law that the parties have selected to govern their substantive rights under the contract, and
(c) any law that the parties may have chosen to govern the arbitration.
(3) Notwithstanding the provisions of subsections (1) and (2), the arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate to consult among its members, for hearing witnesses, experts or the parties, or for inspection of goods, other property or documents.
(4) In this section the expression "seat of arbitration" means the juridical seat of the arbitration for purposes of determination of the law that will govern the arbitration proceedings (the curial law).

Unless otherwise agreed by the parties, arbitral proceedings in respect of a particular dispute shall commence on the date on which a written communication containing a request for the dispute to be referred to arbitration is received by the respondent.

(1) Applicable statutes of limitation shall apply to arbitral proceedings as they apply to judicial proceedings.
(2) In computing the time prescribed by a statute of limitation for the commencement of judicial, arbitral or other proceedings in respect of a dispute which was the subject matter of -
(a) an award which the court orders to be set aside or declares to be of no effect, or
(b) the affected part of an award which the court orders to be set aside in part, or declares to be part of no effect, the period between the commencement of the arbitration and the date of the order referred to in paragraph (a) or (b) shall be excluded.
(3) In determining for the purposes of a statute of limitation when a cause of action accrued, any provision that an award is a condition precedent to bring legal proceedings in respect of a matter to which an arbitration agreement applies shall be disregarded.
(4) In computing the time for the commencement of proceedings to enforce an arbitral award, the period between the commencement of the arbitration and the date of the award shall be excluded.

(1) The parties are free to agree on the language or languages to be used in the arbitral proceedings and where there is no agreement, the language to be used is English.
(2) Any language or languages agreed upon by the parties or determined by the arbitral tribunal under subsection (1) shall, unless the parties or the arbitral tribunal state otherwise, be the language or languages to be used in any written statements by the parties, in any hearing, award decision or any other communication in the course of the arbitration.
(3) The arbitral tribunal may order that documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal.

(1) Within the time agreed by the parties or determined by the arbitral tribunal, the claimant shall, in its points of claim, state the facts supporting the claim, the points at issue and the relief or remedy sought, and the respondent shall state, in its points of defence, the response in respect of those particulars, unless the parties have otherwise agreed on the required elements of the points of claim and of defence.
(2) The parties may submit further statements as they may agree or as the arbitral tribunal may direct.
(3) The parties may submit with their statements under subsections (1) and (2), documents they consider to be relevant or they may add a reference to the documents, or other evidence they intend to submit during the course of the arbitral proceedings.
(4) Unless otherwise agreed to by the parties, a party may amend or supplement its claim or defence during the course of the arbitral proceedings unless the tribunal considers it inappropriate to allow any amendment or supplement having regard to the delay in making it.

(1) The parties may agree on the powers exercisable by the arbitral tribunal as regards remedies.
(2) Unless otherwise agreed to by the parties, the arbitral tribunal has powers -
(a) to make a declaration as to any matter to be determined in the proceedings;
(b) to order the payment of a sum of money, in any currency claimed by a party; and
(c) as the Court, to order
(i) a party to do or refrain from doing anything,
(ii) specific performance of a contract (other than a contract relating to land), and
(iii) the rectification, setting aside or cancellation of a deed or other document.

(1) Subject to a contrary agreement by the parties, the arbitral tribunal shall decide whether the arbitral proceedings shall be conducted -
(a) by holding oral hearings for the presentation of evidence or for oral arguments;
(b) on the basis of documents and other materials; or
(c) by a combination of the methods described in paragraphs (a) and (b), and, unless the parties have agreed that no hearing be held, the arbitral tribunal shall hold such hearings at an appropriate stage of the proceedings if so requested by any party.
(2) The arbitral tribunal shall give the parties sufficient advance notice of any hearing and meeting of the arbitral tribunal, held for the purposes of inspection of documents, goods, or other property.
(3) Except on the application for a preliminary order under section 22 of this Act, every statement, document or other information supplied to the arbitral tribunal or other authority by one party shall be communicated to the other party.
(4) Any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to the parties.
(5) Unless otherwise agreed by the parties, the arbitral tribunal may, for the purposes of the arbitral proceedings concerned
(a) direct that a party to an arbitration agreement or a witness who gives evidence in proceedings before the arbitral tribunal be examined on oath or on affirmation; and
(b) administer oaths or affirmations for the purposes of the examination.

(1) Parties may agree
(a) that the arbitral proceedings shall be consolidated with other arbitral proceedings, including arbitral proceedings involving a different party or parties with the agreement of that party or parties, or
(b) concurrent hearings shall be held, on such terms as may be agreed.
(2) The arbitral tribunal shall not order the consolidation of proceedings or concurrent hearings unless the parties agree to the making of such an order.

(1) The arbitral tribunal shall have the power to allow an additional party to be joined to the arbitration, provided that, prima facie, the additional party is bound by the arbitration agreement giving rise to the arbitration.
(2) The arbitral tribunal's decision under subsection (1) is without prejudice to its power to subsequently decide any question as to its jurisdiction arising from such decision.

(1) Unless otherwise agreed to by the parties, if, without showing sufficient cause -
(a) the claimant fails to state the claim as required under section 36(1) of this Act, the arbitral tribunal shall terminate the proceedings provided that where a respondent has a counterclaim and has evinced an intention to file same, the proceedings shall not be terminated;
(b) the respondent fails to state the defence as required under section 36(1) of this Act, the arbitral tribunal shall continue the proceedings without treating the failure in itself as an admission of the claimant's allegation; or
(c) any party fails to appear at a hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make an award on the evidence before it.
(2) Parties may agree on any additional powers of the arbitral tribunal for the proper and expeditious conduct of the arbitration in case of a party's default.
(3) Unless otherwise agreed by the parties, if, after stating the claim as required under section 36(1) of this Act, the arbitral tribunal is satisfied that there has been inordinate and inexcusable delay on the part of the claimant in pursuing the claim and that the delay
(a) gives rise, or is likely to give rise, to a substantial risk that a fair resolution of the issues in that claim may not be possible, or
(b) has caused, or is likely to cause serious prejudice to the respondent, the arbitral tribunal may make an award dismissing the claim.
(4) Unless otherwise agreed by the parties, if without showing cause, a party fails to comply with an order or directions of the arbitral tribunal, the arbitral tribunal may make a peremptory order to the same effect, prescribing such time for compliance with it as the tribunal considers appropriate.
(5) Unless otherwise agreed by the parties, where a claimant fails to comply with a peremptory order of the arbitral tribunal to provide security for costs, the arbitral tribunal may make an award dismissing its claim.
(6) Unless otherwise agreed by the parties, where a party fails to comply with any other kind of peremptory order, the arbitral tribunal may -
(a) direct that the party in default is not entitled to rely upon any allegation or material which was the subject matter of the order;
(b) draw any adverse inference from the act of non-compliance as the circumstances justify;
(c) proceed to make an award on the basis of the materials as have been properly provided to it; or
(d) make any order as it deems fit about the payment of costs of the arbitration incurred in consequence of the non-compliance.

(1) Unless otherwise agreed by the parties, the arbitral tribunal may -
(a) appoint one or more experts to report to it on a specific issue to be determined by the arbitral tribunal; and
(2) Unless otherwise agreed by the parties, where a party so requests or where the arbitral tribunal considers it necessary, an expert appointed under subsection (1) shall, after delivering the expert's written or oral report, participate in a hearing where the parties have the opportunity to put questions to the expert and present other expert witnesses to testify on their behalf on the points at issue.

(1) At the request of a party to the arbitral proceedings, a Court or a judge in chambers may order that a writ of subpoena ad testificandum or of subpoena duces tecum shall be issued to compel the attendance before an arbitral tribunal of a witness wherever they may be within Nigeria.
(2) The Court or a judge in chambers may also order that a writ of habeas corpus ad testificandum shall be issued to bring up a prisoner for examination before any arbitral tribunal.
(3) The provisions of any written law relating to the service or execution outside a state of the Federation of such subpoena or order for the production of a prisoner, issued or made in civil proceedings by the Court or a judge in chambers, shall apply in relation to a subpoena or order issued or made under this section.

(1) In an arbitral tribunal with more than one arbitrator, any decision of the tribunal shall, unless otherwise agreed by the parties, be made by a majority of all its members.
(2) Subject to the provisions of this Act, in any arbitral tribunal, the presiding arbitrator may, where it is authorised by the parties or all the members of the arbitral tribunal, decide questions relating to the procedure to be followed at the arbitral proceedings.

(1) Where, during the arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the arbitral proceedings, and may where requested by the parties and agreed to by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms.
(2) An award on agreed terms recorded under subsection (1) shall -
(a) be in accordance with the provisions of section 47 of this Act and state that it is such an award; and
(b) have the same status and effect as any other award on the merits of the case.

(1) The parties may agree on the arbitral tribunal's powers to award interest.
(2) Unless otherwise agreed by the parties the following provisions shall apply -
(a) the arbitral tribunal may award simple or compound interest from such dates, at such rates and with such interests as it considers just on the whole or part of any amount
(i) awarded by the arbitral tribunal, in respect of any period up to the date of the award, or
(ii) claimed in the arbitration and outstanding at the commencement of the arbitral proceedings but paid before the award was made, in respect of any period up to the date of payment;
(b) the arbitral tribunal may award simple or compound interest from the date of the award (or a later date) until payment, at the rates and with such interests as it considers just in the case, on the outstanding amount of any award, including any award of interest under this subsection and any award as to costs; and
(c) references in this section to an amount awarded by the arbitral tribunal include an amount payable in consequence of a declaratory award by the arbitral tribunal.

(1) The award shall be in writing and signed by the arbitrator or arbitrators.
(2) In an arbitral proceeding with more than one arbitrator, the signatures of a majority of all the members of the arbitral tribunal shall suffice, provided that the reason for any omitted signature is stated.
(3) The award shall state the -
(a) reasons upon which it is based, unless the parties have agreed that no reason should be given or the award is an award on agreed terms under section 45 of this Act;
(b) date it was made; and
(c) seat of the arbitration as agreed or determined under section 32(1) of this Act, which seat is deemed to be the place where the award was made.
(4) Subject to the provisions of section 54 of this Act, after the award is made, a copy signed by the arbitrators in accordance with subsections (1) and (2) shall be delivered to each party.

(1) The arbitral proceedings shall terminate when the final award is made or when an order of the arbitral tribunal is issued under subsection (2).
(2) The arbitral tribunal shall issue an order for the termination of the arbitral proceedings where the -
(a) claimant withdraws the claim, unless the respondent objects to it and the arbitral tribunal recognises a legitimate interest on its part to obtain a final settlement of the dispute;
(b) parties agree to the termination of the arbitral proceedings; or
(c) arbitral tribunal finds that continuation of the arbitral proceedings has become unnecessary or impossible.
(3) Subject to the provisions of sections 49 and 55 (5) and (6) of this Act, the mandate of the arbitral tribunal shall cease on termination of the arbitral proceedings.

(1) Unless another period has been agreed upon by the parties, a party may, within 30 days of the receipt of an award and with notice to the other party, request the arbitral tribunal
(a) to correct in the award any error in computation, clerical or typographical errors or errors of a similar nature; or
(b) where it is agreed by the parties, to give an interpretation of a specific point or part of the award.
(2) Where the arbitral tribunal considers a request made under subsection (1) to be justified, it shall, within 30 days of receipt of the request, make the correction or give the interpretation, and such correction or interpretation shall form part of the award.
(3) The arbitral tribunal may, on its own volition and within 30 days from the date of the award, correct an error of the type referred to in subsection (1) (a).
(4) Unless otherwise agreed to by the parties, a party may within 30 days of receipt of the award, request the arbitral tribunal to make an additional award as to the claims presented in the arbitral proceedings but omitted from the award.
(5) Where the arbitral tribunal considers a request made under subsection (4) to be justified, it shall, within 60 days of the receipt of the request, make the additional award.
(6) The arbitral tribunal may, if it considers it necessary, extend the time limit within which it shall make a correction, give an interpretation or make an additional award under subsection (2) or (5).
(7) The provisions of section 47 of this Act applies to any correction or interpretation or to an additional award made under this section.

(1) The arbitral tribunal shall fix costs of arbitration in its award and the term "costs" includes -
(a) the fees of the arbitrators;
(b) the travel and other expenses incurred by the arbitrators;
(c) the cost of expert advice and of other assistance required by the arbitral tribunal;
(d) the travel and other expenses of parties, witnesses and other experts consulted by the parties to the extent that the expenses are approved by the arbitral tribunal having regard to what is reasonable in the circumstances;
(e) the costs for legal representation and assistance of the successful party where the costs were claimed during the arbitral proceedings, and only to the extent that the arbitral tribunal determines that the amount of such costs is reasonable;
(f) administrative costs such as cost of the arbitral institution or the appointing authority, cost of venue, sitting and correspondence;
(g) the costs of obtaining Third-Party Funding; and
(h) other costs as approved by the arbitral tribunal.
(2) The fees of the arbitral tribunal shall be reasonable in amount, taking into account the amount in dispute, the complexity of the subject-matter, the time spent by the arbitrators and any other relevant circumstances of the case.

(1) The arbitral tribunal may, on its establishment, request each party to deposit an equal amount as an advance for the costs referred to in section 50 (1) (a), (b) and (c) of this Act.
(2) During the course of the arbitral proceedings, the arbitral tribunal may request supplementary deposits from the parties.
(3) Where the required deposits are not paid in full within 30 days after the receipt of the request, the arbitral tribunal shall inform the parties in order that one or more of them may make the required payment and where the payment is not made, the arbitral tribunal may order the suspension or termination of the arbitral proceedings.

(1) The arbitral tribunal shall have the power, upon the application of a party, to order any claiming or counterclaiming party to provide security for the legal or other costs of any other party by way of deposit or bank guarantee or in any other manner and upon the terms as the arbitral tribunal considers appropriate.
(2) The terms under subsection (1) may include the provision by that other party of a cross- indemnity, itself secured in a manner as the arbitral tribunal considers appropriate, for costs and losses incurred by the claimant or counterclaimant in providing security.
(3) The amount of any costs and losses payable under a cross-indemnity under subsection (1) may be determined by the arbitral tribunal in one or more awards.
(4) In the event that a claiming or counterclaiming party does not comply with any order to provide security under this section, the arbitral tribunal may stay that party's claims or counterclaims or dismiss them in an award.

(1) The parties are jointly and severally liable to pay the arbitrator such reasonable fees and expenses as are appropriate in the circumstances.
(2) In this section, references to arbitrators include an arbitrator who has ceased to act, an arbitral institution and an appointing authority.

(1) The arbitral tribunal or arbitration institution may refuse to deliver an award to the parties except on full payment of the fees and expenses of the arbitrators or the arbitral institution.
(2) Where the fees and expenses of the arbitrators or the arbitral institution have not been agreed, and the arbitral tribunal or arbitral institution refuses on that ground to deliver an award, a party to the arbitral proceedings may, upon notice to the other parties, the tribunal and, where applicable, the arbitral institution, apply to the Court, which may order that -
(a) the arbitral tribunal or arbitral institution shall deliver the award where the applicant pays the fees and expenses demanded into Court, or pays such lesser amount as the Court may specify;
(b) the amount of the fees and expenses properly payable shall be determined by the means and upon the terms as the Court may direct; and
(c) out of the money paid into Court there shall be paid out the fees and expenses as may be found to be properly payable and the balance of the money (if any) shall be paid out to the applicant.
(3) For this purpose, the amount of fees and expenses properly payable is the amount the applicant is liable to pay under section 53 of this Act or any agreement relating to the payment of the arbitrators.
(4) No application to the Court may be made unless every available arbitral process for appeal or review of the amount of the fees or expenses demanded has been exhausted.
(5) References in this section to arbitrators include an arbitrator who has ceased to act.
(6) The leave of the Court is required for any appeal from a decision of the Court under this section.
(7) Nothing in this section shall be construed as excluding an application under section 55 of this Act, where payment has been made to the arbitrators in order to obtain the award.

(1) Recourse to a court against an arbitral award may be made only by an application for setting aside in accordance with subsections (3) and (4).
(2) An application for setting aside an arbitral award shall not be made on the ground of an error on the face of the award, or any other ground except those expressly stated in subsection (3).
(3) The Court may set aside an arbitral award, where -
(a) the party who makes the application furnishes proof that -
(i) a party to the arbitration agreement was under some legal incapacity,
(ii) the arbitration agreement is not valid under the law to which the parties have subjected it, or failing such indication, under the laws of Nigeria,
(iii) the party who makes the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise not able to present its case,
(iv) the award deals with a dispute not contemplated by or does not fall within the terms of the submission to arbitration,
(v) the award contains decisions on matters which are beyond the scope of the submission to arbitration, provided 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,
(vi) the composition of the arbitral tribunal, or the arbitral procedure, was not in accordance with the agreement of the parties, unless the 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) , that the composition of the arbitral tribunal or the arbitral procedure was not in accordance with this Act; or
(b) the Court finds that the -
(i) subject matter of the dispute is otherwise not capable of settlement by arbitration under the laws of Nigeria, or
(ii) award is against public policy of Nigeria.
(4) An application for setting aside shall not be made after three months have elapsed from the date on which the party making that application had received the award or, if a request had been made under section 49 of this Act, from the date on which that request had been disposed of by the arbitral tribunal.
(5) Where the Court is satisfied that one or more of the grounds set out in subsection (3) has been proved and that it has caused or will cause substantial injustice to the applicant, the court may
(a) remit the award to the tribunal, in whole or in part, for reconsideration; or
(b) set the award aside in whole or in part.
(6) The Court, when asked to set aside an award, may, where appropriate and so requested by a party, suspend the setting aside proceedings for a period of time determined by it in order to give the arbitral tribunal an opportunity to resume the arbitral proceedings or to take any other action which in the opinion of the arbitral tribunal will eliminate the grounds for setting aside.

(1) Notwithstanding section 55(1) of this Act, the parties may provide in their arbitration agreement that an application to review an arbitral award on any of the grounds set out in section 55(3) of this Act shall be made to an Award Review Tribunal.
(2) Where the parties have agreed that an award shall be reviewed by an Award Review Tribunal, a party who is aggrieved by an arbitral award and who seeks to challenge the award on any of the grounds set out in section 55(3) of this Act shall, within the same time frame specified in section 55(4) of this Act, send the other party a written communication which indicates its intent to challenge the award (in this Act referred to as "the Notice of Challenge").
(3) The Notice of Challenge shall include the documents referred to in section 57(2) of this Act.
(4) Unless the parties otherwise agree, the Award Review Tribunal shall -
(a) consist of the same number of arbitrators in the arbitral tribunal that first determined the dispute (in this Act referred to as "the First Instance Tribunal"); and
(b) be constituted when, in the case of a sole arbitrator, the arbitrator accepts the appointment or, where there is more than one arbitrator, when every arbitrators accept their respective appointments.
(5) The provisions of this Act applies mutatis mutandis to the Award Review Tribunal -
(a) section 7 (appointment of arbitrators);
(b) section 8 (grounds for challenge);
(c) section 9 (challenge procedure);
(d) section 10 (failure or impossibility to act);
(e) section 1 1 (appointment of substitute arbitrator);
(f) section 12 (withdrawal, death and cessation of office of an arbitrator);
(g) section 13 (immunity of an arbitrator appointing authority and arbitral institution);
(h) section 14 (competence of arbitral tribunal to rule on its on jurisdiction);
(i) section 30 (equal treatment of parties);
(j) section 41 (default of a party);
(k) section 44 (decision making by arbitral tribunal);
(l) section 47 (form and contents of award);
(m) section 50 (costs of the arbitration) and Article 49 of the First Schedule
(fees and expenses of arbitrators);
(n) section 53 (joint and several liability of the parties for arbitrator's fees and
expenses); and
(o) section 54 (lien on the award).
(6) Parties may agree on the procedure to be followed by the Award Review Tribunal, otherwise the Award Review Tribunal shall conduct its proceedings in a manner as it considers appropriate and shall endeavour to render its decision in the form of an award within 60 days from the date on which it is constituted.
(7) An application for enforcement of an award under section 57 of this Act may be made to the Court notwithstanding that a party has given a Notice of Challenge to the other party under subsection 2, unless -
(a) proceedings upon the application for enforcement is stayed until after the decision of the Award Review Tribunal has been rendered, and
(b) notwithstanding subparagraph (a), the Court makes such orders as to the interim preservation of the subject of the dispute, or as to giving security for the award as may be just in the circumstances of the case.
(8) Where the Award Review Tribunal has set aside the award in whole or in part, a party may apply to the Court to review the decision of the Award Review Tribunal and where the Court decides that the decision of the Award Review Tribunal is unsupportable having regard to the ground on which the Award Review Tribunal set aside the award, the Court shall reinstate the award, or the part of it that was set aside by the Award Review Tribunal.
(9) Where the Award Review Tribunal has affirmed the award in whole or in part, an application to the Court to set aside the award of the First Instance Tribunal or the award of the Award Review Tribunal, the application may only be made on the grounds set out in section 55(3)(b)(i) or section 55(3)(b)(ii) of this Act.

(1) An arbitral award shall, irrespective of the country or state in which it is made, be recognised as binding, and on application in writing to the Court, be enforced by the Court subject to the provisions of this section and section 58 of this Act.
(2) The party relying on an award or applying for its enforcement shall supply -
(a) the original award or a certified copy of it;
(b) the original arbitration agreement or a certified copy of it; and
(c) where the award or arbitration agreement is not made in the English language, a certified translation of it into the English Language.
(3) An award may, by leave of the Court, be enforced in the same manner as a judgment or order to the same effect.

(1) A party to an arbitration agreement may request the Court to refuse recognition or enforcement of the award.
(2) Irrespective of the country in which the award was made, the Court may only refuse recognition or enforcement of an award -
(a) at the request of the party against whom it is invoked, if that party furnishes the Court with proof that -
(i) a party to the arbitration agreement was under some incapacity,
(ii) the arbitration agreement is not valid under the law to which the parties have indicated should be applied, or that the arbitration agreement is not valid under the law of the country where the award was made,
(iii) the party against whom the award was invoked 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) the award deals with a dispute not contemplated by or does not fall within the terms of the submission to arbitration,
(v) 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 so submitted, only that part of the award which contains decisions on matters submitted to arbitration may be recognised and enforced,
(vi) the composition of the arbitral tribunal, or the arbitral procedure, was not in accordance with the agreement of the parties,
(vii) where there is no agreement between the parties under sub-paragraph (vi), that the composition of the arbitral tribunal, or the arbitral procedure, was not in accordance with the law of the country where the arbitration took place, or
(viii) the award has not yet become binding on the parties or has been set aside or suspended by a court of the country in which, or under the law of which, the award was made; or
(b) where the Court finds -
(i) the subject matter of the dispute is otherwise not capable of settlement by arbitration under the laws of Nigeria, or
(ii) that the award is against public policy of Nigeria.
(3) Where an application to set aside or suspend an award has been made to a court referred to in subsection (2)(a)(viii), the Court before where recognition or enforcement is sought may, if it considers it proper, adjourn its decision and may also, on the application of the party claiming recognition or enforcement of the award, order the other party to provide appropriate security.

Where under an agreement for an international arbitration no -(a) procedure is agreed for the appointment of an arbitrator, and
(b) appointing authority is designated or agreed to be designated by the parties, the Director of the Regional Centre for International Commercial Arbitration Lagos shall be deemed to be the appointing authority designated by the parties, and the provisions of section 7(2) of this Act shall apply.

Without prejudice to sections 57 and 58 of this Act, where the recognition and enforcement of any award made in an arbitration in a Country other than Nigeria is sought, the New York Convention on the Recognition and Enforcement of Foreign Awards set out in the Second Schedule to this Act applies to an award, provided that the [Second Schedule](a) country is a party to the New York Convention; and
(b) differences arise out of a legal relationship, whether contractual or not, considered commercial under the laws of Nigeria.

The torts of maintenance and champerty, including being a common barrator, do not apply in relation to Third-Party Funding of arbitration and this section applies to arbitrations seated in Nigeria and to arbitration related proceedings in any court within Nigeria.

(1) Where a Third-Party Funding agreement is made, the party benefitting from it shall give written notice to the other party or parties, the arbitral tribunal and, where applicable, the arbitral institution, of the name and address of the Third-Party Funder.
(2) The written notice shall be made for a funding agreement made -
(a) on or before the commencement of the arbitration, at the commencement of the arbitration, or
(b) after the commencement of the arbitration, without delay as soon as the funding agreement is made.

A party who knows that a provision of this Act from which the parties may derogate or a requirement under the arbitration agreement has not been complied with and proceeds with the arbitration without stating his objection to that non-compliance without undue delay or, where a time-limit is provided for it, within the time, shall be deemed to have waived his right to object.

(1) A Court shall not intervene in any matter governed by this Act, except where it is provided in this Act.
(2) Applications to Court in respect of any matter governed by this Act shall be in accordance with the Rules set out in the Third Schedule to this Act. [Third Schedule]

This Act does not affect any other law by virtue of which certain disputes may -(a) not be submitted to arbitration; or
(b) be submitted to arbitration only in accordance with the provisions of that or another law.

Notwithstanding the provisions of this Act, the arbitral tribunal may, where it considers it necessary, extend the time specified for the performance of any act under this Act.

(1) This Part applies to
(a) international commercial mediation;
(b) domestic commercial mediation;
(c) domestic civil mediation;
(d) domestic and international settlement agreements resulting from mediation, and concluded in writing by parties to resolve a commercial dispute; and
(e) where the parties agree in writing that this Part should apply to the dispute.
(2) This Part shall not apply to -
(a) disputes emerging from rights and obligations settlement, which would be void under Nigerian law;
(b) cases where a judge or an arbitrator, in the course of judicial or arbitral proceedings, attempts to facilitate a settlement, unless the parties agree otherwise;
(c) cases that have been recorded and are enforceable as an arbitral award, unless the parties agree otherwise;
(d) cases that have been approved by a court or concluded in the course of proceedings before a court, unless the parties agree otherwise; or
(e) cases that are enforceable as a judgment of a court in this Country, unless the parties agree otherwise.
(3) This Part applies irrespective of the basis upon which the mediation is carried out, including agreement between the parties whether reached before or after a dispute has arisen, an obligation established by law, or a direction or suggestion of a court, arbitral tribunal or competent governmental entity.

(1) In the interpretation of this Part, regard is to be had to the need to promote uniformity in its application and the observance of good faith.
(2) Questions concerning matters governed by this Part which are not expressly settled in it are to be settled in conformity with the general principles on which this Part is based.

Except for the provisions of section 73 (3) of this Act, the parties may agree to exclude or vary any of the provisions of Part Il (B).

(1) Where the initiation of a mediation procedure is prescribed by a special statute as a condition for the conduct of judicial or other proceedings, or where the parties have agreed when concluding the agreement to try to resolve the dispute through mediation before resorting to judicial or other proceedings, the party concerned shall propose to the other party, in writing, the conclusion of a mediation agreement.
(2) Where a party that invited another party to mediate does not receive an acceptance of the invitation within 30 days from the day on which the invitation was sent, or within any other time as specified in the invitation, the party may elect to treat this as a rejection of the invitation to mediate.
(3) A party can propose to the other party, a recourse to mediation process, regardless of all the other judicial or arbitral proceedings, before, during or after the initiation of the judicial proceedings.
(4) During any arbitral, judicial, administrative or other proceedings, the body conducting the proceedings may, recommend to the parties to resolve their dispute in mediation proceedings in accordance with the provisions of this Part where it assesses that there exists the possibility of resolving the dispute by mediation.
(5) The date of commencement of the mediation process shall be the date that the agreement to mediate was signed, where this is drawn up in writing after a dispute has arisen, or, in case of reference to mediation by a court, the date the court made its decision or, in any other case, on the date when the mediator took the first step to start the mediation process.

(1) When the mediation proceedings commence, the running of the limitation period regarding the claim that is the subject matter of the mediation is suspended.
(2) Where the mediation proceedings have terminated without a settlement agreement, the limitation period resumes running from the time or day the mediation ended without a settlement agreement.

(1) There shall be one mediator, unless the parties agree to have two or more mediators.
(2) The parties shall endeavor to reach agreement on a mediator or mediators, unless a different procedure for their appointment has been agreed upon.
(3) A party may seek the assistance of a mediation provider that he keeps a list of qualified mediators in connection with the appointment of mediators and in particular a party may request -
(a) the mediation provider to recommend suitable persons to act as mediator; or
(b) that the appointment of one or more mediators be made directly by the mediation provider, and the appointment made by the institution that is approached is final and binding on the parties.
(4) In recommending or appointing individuals to act as mediator, the mediation provider shall have regard to the consideration as are likely to secure the appointment of an independent and impartial mediator and, where appropriate, shall take into account the advisability of appointing a mediator of a nationality other than the nationalities of the parties.
(5) When a person is approached in connection with possible appointment as mediator, the person shall disclose the circumstances likely to give rise to justifiable doubts as to impartiality or independence.
(6) A mediator, from the time of appointment and throughout the mediation proceedings, shall without delay disclose any circumstance under subsection (5) to the parties unless they have already been informed of them and where the circumstances exist, the mediator shall be permitted to act as a mediator only where the parties agree to it.

(1) Parties are free to agree, by reference to a set of rules or otherwise, on the manner in which the mediation is to be conducted, and the parties shall attend and participate in the mediation in good faith.
(2) Where no agreement on the manner in which the mediation is to be conducted, the mediator may conduct the mediation proceedings in a manner as the mediator considers appropriate, taking into account the circumstances of the case, any wish that the parties may jointly express and the need for a speedy settlement of the dispute.
(3) In any case, in conducting the proceedings, the mediator shall seek to maintain fair treatment of the parties and, in so doing, shall take into account the circumstances of the case and the mediator's obligations shall be equal with regards to all parties.
(4) The mediator shall -
(a) promote communication between the parties; and
(b) ensure that the parties are integrated into the mediation process in an appropriate and fair manner.
(5) The parties and the mediator may agree that all or any of the mediation sessions are to be carried out by electronic means, by video conference or other similar means of transmission of the voice or image, provided that the identity of the parties concerned are ensured and comply with the principles of mediation laid down in this Part.
(6) The mediator may, with the agreement of the parties, at any stage of the mediation proceedings, make proposals for a settlement of the dispute but does not have the right to impose a settlement on the parties and the proposal may be based on what the mediator deems appropriate in view of what the parties have brought forward in the mediation.
(7) A mediator is entitled to a fee and reimbursement of expenses incurred in connection with mediation unless the mediator agreed to mediate without a fee and the parties bear their own costs, and unless the parties agree otherwise, the fee and expenses of the mediator as well as the fees of the mediation provider shall be borne by the parties in equal shares.

A mediator may meet or communicate with the parties together or with each of them separately as the mediator considers necessary.

Where the mediator receives information concerning the dispute from a party, the mediator may disclose the substance of that information to any other party to the mediation, but when a party gives any information to the mediator, subject to a specific condition that it be kept confidential, that information may not be disclosed to any other party to the mediation.

Unless otherwise agreed to by the parties, all information relating to the mediation proceedings shall be kept confidential, except where disclosure is required (a) under the law;
(b) for the purposes of implementation or enforcement of a settlement agreement;
(c) necessary in the interests of preventing or revealing
(i) the commission of a crime (including an attempt or conspiracy to commit a crime),
(ii) concealment of a crime, or
(iii) a threat to a party; or
(d) necessary to protect public order, but only under the conditions and in the scope prescribed by law.

(1) A party to the mediation proceedings, the mediator and any third-party, including those involved in the administration of the mediation proceedings, shall not in arbitral, judicial or similar proceedings rely on, introduce as evidence or give testimony or evidence regarding -
(a) an invitation by a party to engage in mediation proceedings or the fact that a party was willing to participate in mediation proceedings;
(b) views expressed or suggestions made by a party in the mediation in respect of a possible settlement of the dispute;
(c) statements or admissions made by a party in the course of the mediation proceedings;
(d) proposals made by the mediator;
(e) the fact that a party had indicated its willingness to accept a proposal for settlement made by the mediator; and
(f) a document prepared solely for purposes of the mediation proceedings.
(2) Subsection (1) applies irrespective of the form of the information or evidence referred to therein.
(3) Subject to the provisions of section 76 of this Act, the disclosure of the information referred to in subsection (1) shall not be ordered by an arbitral tribunal, court or other competent governmental authority and, where the information is offered as evidence in contravention of subsection (1), that evidence shall be treated as inadmissible.
(4) The provisions of subsections (1), (2) and (3) apply whether or not the arbitral, judicial or similar proceedings relate to the dispute that is or was the subject matter of the mediation proceedings.
(5) Subject to the limitations of subsection (l), evidence that is otherwise admissible in arbitral or judicial or similar proceedings does not become inadmissible as a consequence of having been used in mediation.

The mediation proceedings are terminated by -(a) the conclusion of a settlement agreement by the parties, on the date of the agreement;
(b) a declaration of the mediator, to the effect that further efforts at mediation are no longer justified, on the date of the declaration;
(c) a declaration of the parties addressed to the mediator to the effect that the mediation proceedings are terminated, on the date of the declaration;
(d) a declaration of the mediation provider administering the mediation, if any, on the date of the declaration; or
(e) a declaration of a party to the other party or parties and the mediator, if appointed, to the effect that the mediation proceedings are terminated, on the date of the declaration.

Unless othervvise agreed by the parties, a mediator shall not act as an arbitrator in respect of a dispute that was or is the subject of the mediation proceedings or in respect of another dispute that has arisen from the same contract or legal relationship or any related contract or legal relationship.

Where parties have agreed to mediate and have expressly undertaken not to initiate arbitral or judicial proceedings with respect to an existing or future dispute during a specified time or until a specified event has occurred, such an undertaking shall be given effect by the arbitral tribunal or the Court until the terms of the undertaking have been complied with, except to the extent necessary for a party, to preserve its rights but initiation of such proceedings is not of itself to be regarded as a waiver of the agreement to mediate or as a termination of the mediation proceedings.

Mediators and mediation providers are not liable for any act done or omitted in the discharge or purported discharge of their functions under this Part, unless their action or omission is shown to have been in bad faith.

(1) Where parties conclude an agreement settling a dispute, the mediator shall participate in the preparation and drafting of the settlement agreement, where the parties agree.
(2) Subject to section 87 of this Act, the settlement agreement resulting from the mediation is binding on the parties and enforceable in Court as a contract, consent judgment or consent award.

(1) Subject to section 87 of this Act party relying on a settlement agreement shall supply to the Court
(a) the settlement agreement signed by the parties; and
(b) evidence that the settlement agreement resulted from mediation, such as
(i) the mediator's signature on the settlement agreement,
(ii) a document signed by the mediator indicating that the mediation was carried out,
(iii) an attestation by the mediation provider that administered the mediation, or
(iv) in the absence of (i), (ii) or (iii), any other evidence acceptable to the Court.
(2) The requirement that a settlement agreement shall be signed by the parties or, where applicable, the mediator, is met in relation to an electronic communication if -
(a) a method is used to identify the parties or the mediator and to indicate the parties' or mediator's intention in respect of the information contained in the electronic communication; and
(b) the method used is either -
(i) as reliable and as appropriate for the purpose for which the electronic communication was generated or communicated, in the light of all the circumstances, including any relevant agreement, or
(ii) proven in fact to have fulfilled the functions described in subparagraph (a), by itself or together with further evidence.
(3) Where settlement agreement is not in an official language of this State, the Court may request a translation from it into the official language.
(4) The Court may require any necessary document in order to verify that the requirements of this section have been complied with.
(5) When considering the request for relief, the Court shall act expeditiously.

(1) Subject to section 87 of this Act the Court may refuse to grant reliefs at the request of the party against whom the relief is sought only if that party furnishes to the Court proof that -
(a) a party to the settlement agreement was under some incapacity; or
(b) the settlement agreement sought to be relied upon -
(i) is void, inoperative or incapable of being performed under the law to which the parties have validly subjected it or, under the law deemed applicable by the Court,
(ii) is not binding, or is not final, according to its terms, or
(iii) has been subsequently modified;
(c) the obligations in the settlement agreement -
(i) have been performed, or
(ii) are not clear or comprehensible;
(d) granting relief would be contrary to the terms of the settlement agreement; or
(e) there was a failure by the mediator to disclose to the parties' circumstances that raise justifiable doubts as to the mediator's impartiality or independence and the failure to disclose had a material impact or undue influence on a party without which failure that party would not have entered into the settlement agreement.
(2) The Court of this State may also refuse to grant reliefs if it finds that -
(a) granting relief would be contrary to the public policy of this State; or
(b) the subject matter of the dispute is not capable of settlement by mediation under the law of this State.

Where an application or a claim relating to a settlement agreement has been made to a Court, an arbitral tribunal or any other competent authority which may affect the relief being sought under section 83, the Court of this State where the relief is sought may, if it considers it proper, adjourn the decision and may also, on the request of a party, order the other party to give suitable security.

Unless otherwise provided in this Part -(1) A settlement agreement shall be enforced in accordance with the rules of procedure of this State, and under the conditions laid down in this Part.
(2) Where a dispute arises concerning a matter that a party claims was already resolved by a settlement agreement, the party may invoke the settlement agreement in accordance with the rules of procedure of this State, and under the conditions laid down under these provisions, to prove that the matter has already been resolved.

Without prejudice to sections 81 and 83 of this Act, where the enforcement of an international settlement agreement made in a State other than the Federal Republic of Nigeria is sought, the Convention on International Settlement Agreements Resulting Mediation ('the Singapore Convention applies to that international settlement agreement, provided that the (a) State is a party to the Singapore Convention; and
(b) difference arises out of a legal relationship, whether contractual or, it is not, considered commercial under the laws of Nigeria.

(1) Unless otherwise agreed by the parties, any communication sent under this Act is deemed to have been received -
(a) where it is delivered to the addressee personally or when it is delivered to the place of business, habitual residence or mailing address; or
(b) where a communication cannot be delivered in accordance with paragraph (a), when it is sent to the addressee's last known place of business, habitual residence or mailing address by registered letter or any other means which provides a record of the attempt to deliver it.
(2) A communication is deemed to have been received on the day it is delivered under subsection (1).
(3) The provisions of this section shall not apply to communications in court proceedings.

(1) This Act shall not apply to an arbitration agreement concerning an arbitration, which has commenced before the coming into effect of this Act, but applies to an arbitration commenced on or after the coming into effect of this Act.
(2) Subject to subsection (1), the repeal of the Arbitration and Conciliation Act, shall not prejudice or affect any proceedings, whether or not pending at the time of the repeal, in respect of any right, privilege, obligation or liability and any proceedings taken under that Act in respect of any such right, privilege, obligation or liability acquired, accrued or incurred under the Act may be instituted, continued or enforced as if that Act had not been repealed. [Cap. A18, LFN, 2004]

The Arbitration and Conciliation Act, Cap A 18, Laws of the Federation of Nigeria, 2004 is repealed.

In this Act -
"arbitrator" means a person to whom a reference is made for determination and includes substitute or emergency arbitrator;
"arbitral tribunal" means a sole arbitrator or a panel of arbitrators;
"arbitration" means a commercial arbitration whether or not administered by a permanent arbitral institution;
"arbitration agreement" is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not;
'commercial" includes matters arising from all relationships of a commercial nature whether contractual or not, such as any trade transaction for the supply or exchange of goods or services, distribution agreement, commercial representation or agency, factoring, leasing, construction works, consulting, engineering, licensing, investment, financing, banking, insurance, exploitation agreement or concession, joint venture and other forms of industrial or business co-operation, carriage of goods or passengers by air, sea, rail or road;
"Court" means the High Court of a State, the High Court of the Federal Capital Territory, Abuja or the Federal High Court, unless the parties otherwise agree and except for the purpose of appointment of an arbitrator (including an emergency arbitrator) "Court" means the Chief Judge of any of the Courts referred to in this provision, sitting as a Judge in Chambers;
"death" includes, in the case of a non-natural person, dissolution or other extinction by process of law;
"electronic communication" means any communication that the parties make by means of data messages, that is, any information generated, sent, received or stored by electronic, magnetic, optical or similar means, including electronic data interchange (EDI), electronic mail, telegram, telex or telecopy;
"judge" means a judge of the High Court of a State, the High Court of the Federal Capital Territory, Abuja or the Federal High Court;
"mediator" means a third-party neutral and includes a sole mediator or two or more mediators;
"mediation" means a process, whether referred to by the expression mediation, conciliation or an expression of similar import, where parties request a third person ("the mediator") to assist them in their attempt to reach an amicable settlement of their dispute arising out of or relating to a contractual or other legal relationship but the mediator does not have the authority to impose upon the parties a solution to the dispute;
"mediation provider" means any public or private entity (including court-related mediation schemes) which manages or administers a mediation process conducted by a mediator;
"party" means a party to the arbitration agreement or to mediation or any person claiming through or under him and "parties" shall be construed accordingly;
"preliminary order" means an order or a direction of the arbitral tribunal that accompanies or precedes a requested interim measure to ensure that the grant of that measure is not rendered nugatory by any act of the party;
"Third-Party Funder" means any natural or legal person who is not a party to the dispute but who enters into an agreement either with a disputing party, an affiliate of that party, or a law firm representing that party, in order to finance part or all of the cost of the proceedings, either individually or as part of a selected range of cases, and the financing is provided either through a donation or grant or in return for reimbursement dependent on the outcome of the dispute or in return for a premium payment; and
"Third-Party Funding Agreement" means a contract between the Third-Party Funder and a disputing party, an affiliate of that party, or a law firm representing that party, in order to finance part or all of the cost of the proceedings, either individually or as part of a selected range of cases, and the financing is provided either through a donation or grant or in return for reimbursement dependent on the outcome of the dispute or in return for a premium payment.
(2) Where a provision of this Act, other than sections 13 and 81, leaves the parties free to determine a certain issue, the freedom includes the right of the parties to authorise a third party, including an institution, to make that determination.
(3) Where a provision of this Act -
(a) refers to the fact that parties have agreed or that they may agree, or
(b) in any other way refers to an agreement of the parties, that agreement includes any arbitration rules referred to in the agreement.
(4) Where a provision of this Act, other than sections 41 (1) (a) or 48 (2) (a) refers to a claim, the claim includes a counterclaim, and where it refers to a defence, the defence includes a defence to the counterclaim.
(5) An arbitration is international if -
(a) the parties to an arbitration agreement have their places of business in different Countries at the time of the conclusion of that agreement;
(b) the seat of the arbitration, if determined under the arbitration agreement or any place where a substantial part of the obligations of the commercial relationship is to be performed or the place with which the subject matter of the dispute is most closely connected is situated outside the State in which the parties have their places of business; or
(c) the parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one State.
(6) An arbitration is interstate if the -
(a) parties to an arbitration agreement have, at the time of the conclusion of that agreement, their places of business in different Federating States within the Federal Republic of Nigeria;
(b) Federating State in which the seat of arbitration is situated is different from the Federating State or States in which the parties have their places of business;
(c) place where a substantial part of the obligations of the commercial relationship is to be performed or the place where the subject matter of the dispute is most closely connected is situated in a Federating State, which is different from the Federating State or States in which the parties have their places of business; or
(d) the parties have expressly agreed that the subject-matter of the arbitration agreement relates to more than one Federating State within the Federal Republic of Nigeria.
(7) For the purposes of subsections (5) and (6) -
(a) if a party has more than one place of business, the place of business shall be that which has the closest relationship to the arbitration agreement; and
(b) if a party does not have a place of business, reference shall be made to his or her habitual residence.
(8) A mediation is "international" if the -
(a) parties to an agreement to mediate have, at the time of the conclusion of that agreement, their places of business in different Countries; or
(b) State in which the parties have their places of business is different from either the State in which
(i) a substantial part of the obligations of the commercial relationship is to be performed, or
(ii) the subject matter of the dispute is most closely connected.
(9) For the purposes of subsection (8) if -
(a) a party has more than one place of business, the place of business is that which has the closest relationship to the agreement to mediate;
(b) a party does not have a place of business, reference is to be made to the party's habitual residence; or
(c) the parties agree that the mediation is international.
(10) In the interpretation of this Act, regard is to be had to its international origin and to the need to promote uniformity in its application and the observance of good faith and the Court may also have recourse to the travaux preparatoires of the UNCITRAL Model Law on International Commercial Arbitration and Model Law on International Commercial Mediation.
(11) Questions concerning matters governed by this Act which are not expressly settled in it are to be settled in conformity with the general principles on which this Act is based.

This Act may be cited as the Arbitration and Mediation Act, 2023.