Comparative Guides

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4. Results: Answers
International Arbitration
14.
Grounds for challenging an award
14.1
What are the grounds on which an award can be challenged, appealed or otherwise set aside in your jurisdiction?
Nigeria

Answer ... The grounds on which an award can be challenged, appealed or otherwise set aside include the following:

  • The award contains decisions on matters which are not contemplated by or are beyond the scope of submission to arbitration. However, 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 may be set aside;
  • An arbitrator has misconducted himself or herself, or the arbitral proceedings or the arbitral award was improperly procured;
  • The award is contrary to public policy; or
  • The applicant was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings, or was otherwise not given a fair opportunity to present its case.

(Sections 29 and 30 of the Arbitration and Conciliation Act and Section 57 of the Lagos State Arbitration Law.)

For more information about this answer please contact: Colin Egemonye from Goldsmiths Solicitors
14.2
Are there are any time limits and/or other requirements to bring a challenge?
Nigeria

Answer ... A party that is aggrieved by an arbitral award may, within three months of the date of the award, apply to the court to have the award set aside (Section 29(1) of the Arbitration and Conciliation Act).

For more information about this answer please contact: Colin Egemonye from Goldsmiths Solicitors
14.3
Are parties permitted to exclude any rights of challenge or appeal?
Nigeria

Answer ... The right to challenge an award cannot be excluded where such challenge falls within Sections 29 and 30 of the Arbitration and Conciliation Act.

For more information about this answer please contact: Colin Egemonye from Goldsmiths Solicitors
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International Arbitration