Enforcement of Arbitral Interim Measures Under the Nigerian Arbitration and Conciliation Act

Anugbum Onuoha

doi:doi:10.11648/j.stpp.20210501.12

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Enforcement of Arbitral Interim Measures Under the Nigerian Arbitration and Conciliation Act

Anugbum Onuoha

Published in Science, Technology & Public Policy (Volume 5, Issue 1)

Received: 8 December 2020 Accepted: 13 January 2021 Published: 17 March 2021

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Abstract

In securing the interests of the parties to an arbitration agreement, arbitral interim measures are of considerable importance. Due to the capacity of arbitral tribunals and courts to grant and enforce interim measures that make the final award meaningful, arbitration, as a litigation procedure, is becoming increasingly effective. The value of interim measures has grown in recent years in Nigeria as more parties to commercial arrangements and transactions are requesting them, and is expected to expand even more in the coming years. This paper discusses the challenges concerning arbitral interim measures in Nigeria's arbitral proceedings; as such questions pose a challenge to arbitration in the present legal framework. The purpose of the paper is to define, examine and propose solutions to those issues that delay arbitral proceedings or sabotage the nexus of the disputes. Also, the paper illustrates the difficulties faced by arbitrators in granting and implementing interim measures during arbitral proceedings, as a result of the shortcomings of the present Arbitration and Conciliation Act of 1990 that gives tribunals’ rather limited control. The paper further aims to explain that arbitral tribunals should be granted sufficient and substantive power to provide arbitral interim measures to compel parties to conform with the arrangement and to respect the party's autonomy in arbitration agreements.

Published in	Science, Technology & Public Policy (Volume 5, Issue 1)
DOI	10.11648/j.stpp.20210501.12
Page(s)	19-28
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2021. Published by Science Publishing Group

Keywords

Arbitration, Interim Measures, Provisional Measures, Party Autonomy

References

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APA Style

Anugbum Onuoha. (2021). Enforcement of Arbitral Interim Measures Under the Nigerian Arbitration and Conciliation Act. Science, Technology & Public Policy, 5(1), 19-28. https://doi.org/10.11648/j.stpp.20210501.12

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ACS Style

Anugbum Onuoha. Enforcement of Arbitral Interim Measures Under the Nigerian Arbitration and Conciliation Act. Sci. Technol. Public Policy 2021, 5(1), 19-28. doi: 10.11648/j.stpp.20210501.12

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AMA Style

Anugbum Onuoha. Enforcement of Arbitral Interim Measures Under the Nigerian Arbitration and Conciliation Act. Sci Technol Public Policy. 2021;5(1):19-28. doi: 10.11648/j.stpp.20210501.12

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@article{10.11648/j.stpp.20210501.12,
  author = {Anugbum Onuoha},
  title = {Enforcement of Arbitral Interim Measures Under the Nigerian Arbitration and Conciliation Act},
  journal = {Science, Technology & Public Policy},
  volume = {5},
  number = {1},
  pages = {19-28},
  doi = {10.11648/j.stpp.20210501.12},
  url = {https://doi.org/10.11648/j.stpp.20210501.12},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.stpp.20210501.12},
  abstract = {In securing the interests of the parties to an arbitration agreement, arbitral interim measures are of considerable importance. Due to the capacity of arbitral tribunals and courts to grant and enforce interim measures that make the final award meaningful, arbitration, as a litigation procedure, is becoming increasingly effective. The value of interim measures has grown in recent years in Nigeria as more parties to commercial arrangements and transactions are requesting them, and is expected to expand even more in the coming years. This paper discusses the challenges concerning arbitral interim measures in Nigeria's arbitral proceedings; as such questions pose a challenge to arbitration in the present legal framework. The purpose of the paper is to define, examine and propose solutions to those issues that delay arbitral proceedings or sabotage the nexus of the disputes. Also, the paper illustrates the difficulties faced by arbitrators in granting and implementing interim measures during arbitral proceedings, as a result of the shortcomings of the present Arbitration and Conciliation Act of 1990 that gives tribunals’ rather limited control. The paper further aims to explain that arbitral tribunals should be granted sufficient and substantive power to provide arbitral interim measures to compel parties to conform with the arrangement and to respect the party's autonomy in arbitration agreements.},
 year = {2021}
}

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TY  - JOUR
T1  - Enforcement of Arbitral Interim Measures Under the Nigerian Arbitration and Conciliation Act
AU  - Anugbum Onuoha
Y1  - 2021/03/17
PY  - 2021
N1  - https://doi.org/10.11648/j.stpp.20210501.12
DO  - 10.11648/j.stpp.20210501.12
T2  - Science, Technology & Public Policy
JF  - Science, Technology & Public Policy
JO  - Science, Technology & Public Policy
SP  - 19
EP  - 28
PB  - Science Publishing Group
SN  - 2640-4621
UR  - https://doi.org/10.11648/j.stpp.20210501.12
AB  - In securing the interests of the parties to an arbitration agreement, arbitral interim measures are of considerable importance. Due to the capacity of arbitral tribunals and courts to grant and enforce interim measures that make the final award meaningful, arbitration, as a litigation procedure, is becoming increasingly effective. The value of interim measures has grown in recent years in Nigeria as more parties to commercial arrangements and transactions are requesting them, and is expected to expand even more in the coming years. This paper discusses the challenges concerning arbitral interim measures in Nigeria's arbitral proceedings; as such questions pose a challenge to arbitration in the present legal framework. The purpose of the paper is to define, examine and propose solutions to those issues that delay arbitral proceedings or sabotage the nexus of the disputes. Also, the paper illustrates the difficulties faced by arbitrators in granting and implementing interim measures during arbitral proceedings, as a result of the shortcomings of the present Arbitration and Conciliation Act of 1990 that gives tribunals’ rather limited control. The paper further aims to explain that arbitral tribunals should be granted sufficient and substantive power to provide arbitral interim measures to compel parties to conform with the arrangement and to respect the party's autonomy in arbitration agreements.
VL  - 5
IS  - 1
ER  -

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Author Information

Anugbum Onuoha

Faculty of Law, Rivers State University, Port Harcourt, Rivers State, Nigeria

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APA Style

Anugbum Onuoha. (2021). Enforcement of Arbitral Interim Measures Under the Nigerian Arbitration and Conciliation Act. Science, Technology & Public Policy, 5(1), 19-28. https://doi.org/10.11648/j.stpp.20210501.12

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ACS Style

Anugbum Onuoha. Enforcement of Arbitral Interim Measures Under the Nigerian Arbitration and Conciliation Act. Sci. Technol. Public Policy 2021, 5(1), 19-28. doi: 10.11648/j.stpp.20210501.12

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AMA Style

Anugbum Onuoha. Enforcement of Arbitral Interim Measures Under the Nigerian Arbitration and Conciliation Act. Sci Technol Public Policy. 2021;5(1):19-28. doi: 10.11648/j.stpp.20210501.12

Copy | Download

@article{10.11648/j.stpp.20210501.12,
  author = {Anugbum Onuoha},
  title = {Enforcement of Arbitral Interim Measures Under the Nigerian Arbitration and Conciliation Act},
  journal = {Science, Technology & Public Policy},
  volume = {5},
  number = {1},
  pages = {19-28},
  doi = {10.11648/j.stpp.20210501.12},
  url = {https://doi.org/10.11648/j.stpp.20210501.12},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.stpp.20210501.12},
  abstract = {In securing the interests of the parties to an arbitration agreement, arbitral interim measures are of considerable importance. Due to the capacity of arbitral tribunals and courts to grant and enforce interim measures that make the final award meaningful, arbitration, as a litigation procedure, is becoming increasingly effective. The value of interim measures has grown in recent years in Nigeria as more parties to commercial arrangements and transactions are requesting them, and is expected to expand even more in the coming years. This paper discusses the challenges concerning arbitral interim measures in Nigeria's arbitral proceedings; as such questions pose a challenge to arbitration in the present legal framework. The purpose of the paper is to define, examine and propose solutions to those issues that delay arbitral proceedings or sabotage the nexus of the disputes. Also, the paper illustrates the difficulties faced by arbitrators in granting and implementing interim measures during arbitral proceedings, as a result of the shortcomings of the present Arbitration and Conciliation Act of 1990 that gives tribunals’ rather limited control. The paper further aims to explain that arbitral tribunals should be granted sufficient and substantive power to provide arbitral interim measures to compel parties to conform with the arrangement and to respect the party's autonomy in arbitration agreements.},
 year = {2021}
}

Copy | Download

TY  - JOUR
T1  - Enforcement of Arbitral Interim Measures Under the Nigerian Arbitration and Conciliation Act
AU  - Anugbum Onuoha
Y1  - 2021/03/17
PY  - 2021
N1  - https://doi.org/10.11648/j.stpp.20210501.12
DO  - 10.11648/j.stpp.20210501.12
T2  - Science, Technology & Public Policy
JF  - Science, Technology & Public Policy
JO  - Science, Technology & Public Policy
SP  - 19
EP  - 28
PB  - Science Publishing Group
SN  - 2640-4621
UR  - https://doi.org/10.11648/j.stpp.20210501.12
AB  - In securing the interests of the parties to an arbitration agreement, arbitral interim measures are of considerable importance. Due to the capacity of arbitral tribunals and courts to grant and enforce interim measures that make the final award meaningful, arbitration, as a litigation procedure, is becoming increasingly effective. The value of interim measures has grown in recent years in Nigeria as more parties to commercial arrangements and transactions are requesting them, and is expected to expand even more in the coming years. This paper discusses the challenges concerning arbitral interim measures in Nigeria's arbitral proceedings; as such questions pose a challenge to arbitration in the present legal framework. The purpose of the paper is to define, examine and propose solutions to those issues that delay arbitral proceedings or sabotage the nexus of the disputes. Also, the paper illustrates the difficulties faced by arbitrators in granting and implementing interim measures during arbitral proceedings, as a result of the shortcomings of the present Arbitration and Conciliation Act of 1990 that gives tribunals’ rather limited control. The paper further aims to explain that arbitral tribunals should be granted sufficient and substantive power to provide arbitral interim measures to compel parties to conform with the arrangement and to respect the party's autonomy in arbitration agreements.
VL  - 5
IS  - 1
ER  -

Copy | Download