Securing Your Victory: Enforcing Arbitral Awards Under Nigeria’s Arbitration and Mediation Act 2023

In arbitration, an award is only half the battle. True strength lies in enforcing that award. The 2023 Arbitration and Mediation Act modernised Nigeria’s regime, affirming binding awards and limiting judicial interference. Courts can refuse enforcement only on narrow grounds, such as invalid agreements, due process breaches, excess jurisdiction or conflict with public policy. Anticipating enforcement starts at contract drafting, with clear clauses on seat, governing law and procedural rules. Precision in arbitration clauses reduces jurisdictional resistance. Parties should identify assets early and act swiftly after an award is issued. While public policy objections are necessary, they must be applied sparingly to maintain predictability and investor confidence. Effective enforcement signals that contracts will be honoured. This certainty lowers financing costs and accelerates infrastructure and energy projects. The long-term success of the new Act depends on consistent judicial application and early strategic planning.

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