Answer ... Awards cannot be appealed in Nigeria. However, under Sections 29 and 30 of the ACA, awards can be challenged and set aside if the aggrieved party can furnish proof that:
- the award contains matters beyond the scope of submission to arbitration;
- the arbitrator misconducted himself or herself; or
- the award was improperly procured.
An award is final and cannot be appealed, and the Court of Appeal does not have jurisdiction to hear appeals of decisions of tribunals. However, the Court of Appeal can sit over a decision of the High Court on a challenge of an award up to the Supreme Court. Section 49 also states that a party bringing an application for an award to be set aside must prove the following:
- A party to the arbitration agreement was under some legal incapacity;
- The arbitration agreement is invalid under the law chosen by the parties or, failing such an indication, under Nigerian law;
- The aggrieved party was not given proper notice of the appointment of an arbitrator or of the arbitration proceedings, or was otherwise unable to present its case;
- The award deals with a dispute not contemplated by, or not falling within the terms of, the submission to arbitration;
- The award addresses matters which are beyond the scope of the submission to arbitration;
- The composition of the tribunal or the arbitral procedure was not in accordance with the parties’ agreement;
- Where there is no agreement between the parties as to the tribunal or the arbitral procedure, the composition of the tribunal or the arbitral procedure was not in accordance with the Arbitration and Conciliation Act;
- The subject matter of the dispute is incapable of settlement by arbitration under Nigerian law; or
- The award is against Nigerian public policy.
The Lagos Arbitration Law contains a similar list of requirements for setting aside awards under Section 57.
Answer ... A party that is aggrieved by an arbitral award can apply to the High Court to set aside the award within three months of the date of the award or correction of the award. In the case of an additional award, the aggrieved party may apply to the court from the date on which the request for the additional award is disposed of by the tribunal.
Answer ... Arbitral awards are not appealable, but they can be challenged based on the instances listed in question 41. Therefore, agreements that exclude right to appeal do not affect the aggrieved party’s right to challenge the award.