CIArb Conference Urges Balanced Enforcement of Arbitral Awards

Delegates at the Chartered Institute of Arbitrators (CIArb), Nigeria Branch Annual Conference, have called on Nigerian courts to adopt a balanced approach to the enforcement of arbitral awards to strengthen confidence in arbitration.

In a Communiqué issued at the end of the Conference, held at The Jewel Aeida, Lekki, Lagos, the delegates stressed that enforcement is central to the credibility of arbitration. They urged courts to strike a balance between an interventionist approach, which permits close judicial scrutiny, and a cautionary or hands-off approach that prioritises party autonomy.

The Conference, which was declared open by the Lagos State Governor, Mr Babajide Sanwo-Olu, highlighted the urgent need to improve judicial competence in arbitration matters. Delegates called on the National Judicial Institute, to integrate comprehensive arbitration modules into its training programmes for Judges.

They also recommended an expansion of the Court of Appeal’s fast-track rules, currently applied to commercial disputes and election petitions, to cover arbitration matters, noting that this would reduce delays and reinforce judicial support for arbitration.

On the National Arbitration Policy, the delegates warned that a weak enforcement framework could undermine Nigeria’s appeal as an arbitration seat. They identified judicial delays, inconsistent rulings and procedural bottlenecks, as key challenges to an arbitration-friendly environment.

The Conference further urged organisations to conduct post-arbitration reviews, regardless of outcomes, to improve processes and future performance. While commending the introduction of third-party funding, delegates emphasised the need for regulatory oversight to prevent abuse and protect arbitral independence.

Delegates also cautioned against over- reliance on artificial intelligence in arbitration, noting that while AI enhances efficiency in areas such as research and document review, it cannot replace human legal judgement. They further advised Nigerian courts against setting aside foreign arbitral awards, stressing that courts are limited to enforcement or refusal of recognition.

The event featured addresses by CIArb Nigeria Branch Chair, Mrs Sola Adegbonmire, and Conference co-chairs, Mr Seyilayo Ojo, SAN, and Mrs Laura Alakija, alongside goodwill messages from international CIArb leaders. The Keynote Address was delivered by Mr Farouk Gumel, Vice Chairman of Tropical General Investment Group.