Answer ... Yes. By virtue of Section 5(1) and (2) of the Arbitration and Conciliation Act, the party seeking to take advantage of the powers of the court to grant a stay of proceedings may, at any time after appearance and before delivering any pleadings or taking any other steps in the proceedings, apply to the court to stay the proceedings. The court will make an order staying the proceedings if it is satisfied that:

• there is no sufficient reason why the matter should not be referred to arbitration in accordance with the arbitration agreement; and
• the applicant was, at the time when the action was commenced, and remains ready and willing to do all things necessary for the proper conduct of the arbitration.

The Lagos State Arbitration Law has similar provisions in Section 6.

Answer ... Yes, the Nigerian courts have certain powers in relations to arbitration seated in or outside Nigeria. These include the power:

• to stay proceedings;
• to appoint arbitrators;
• to enforce an arbitral award; and
• to set aside an award.

Accordingly, Section 34 of the Arbitration and Conciliation Act provides that the court will not intervene in any matter governed by the Arbitration and Conciliation Act, except where so provided in the act.

Answer ... The parties cannot wish away the ordinary jurisdiction of a court by agreement.