ENFORCEMENT OF ARBITRAL AWARD
An Arbitral Award is a final and binding decision. The enforcement of Arbitral awards can be discussed under two major categories:
1. Domestic Award: where the award was given within Nigeria, it can either be enforced under common law or under the Arbitration and Conciliation Act. To be enforced under the Act, the following must be met:
(i) The award must be in writing, containing the date and place of the arbitration and, where authorized, the basis of the award.
(ii) The award must be duly authenticated by the arbitrator. Where there is more than one, simple majority of the arbitrators suffices.
(iii) An affidavit shall be submitted attaching the original arbitration agreement or its Certified true copy.
(iv) An application seeking to enforce the award as though it were a judgment of the High Court.
For enforcement under common law, it must be shown that:
(i) There was a dispute,
(ii) It was subject to arbitration
(iii) A valid arbitral award duly authenticated has been given.
An application to the Court within the jurisdiction where the Arbitral award was given by way of an originating summons supported by an affidavit and a written address is to be submitted with the following:
(a) The authenticated copy of the arbitral award or
(b) The certified true copy of the Award
(c) Payment of fees as prescribed by the Registrar of the High Court
Note: High Court in this context refers to State and Federal High Court[5].
2. International Award: Section 51 of the Arbitration and Conciliation Act provides that Arbitral awards are binding in Nigeria irrespective of where they are made. Premise on this, an application is expected to be made to the court to enforce same or by registering it as a judgment under the Foreign Judgment (Reciprocal Enforcement) Act 1990.