Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
International Arbitration
15.
Confidentiality
15.1
Is arbitration seated in your jurisdiction confidential? Is a duty of confidentiality found in the arbitration legislation?
Nigeria

Answer ... The Arbitration and Conciliation Act does not provide for any duties of confidentiality. However, Article 32(5) of the Arbitration Rules of the Arbitration and Conciliation Act states that an award can only be made public with the consent of both parties; and Article 25(4) provides that hearings will be heard in camera unless the parties have agreed otherwise. It may thus be reasonably inferred that there is an implied duty on parties not to disclose.

For more information about this answer please contact: Colin Egemonye from Goldsmiths Solicitors
15.2
Are there any exceptions to confidentiality?
Nigeria

Answer ... The exceptions are where:

  • the parties agree to make the hearing or award public; or
  • any of the parties seeks to set aside the award in court.

In this way, the award forms part of the court’s public records accessible to members of the public.

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