Abstract
The aim of this paper is to critically examine the challenges facing the enforcement of Arbitration awards in Nigeria. The research focused on only doctrinal imperatives using both primary and secondary sources of materials. Legislative enactments, rules, conventions and protocols constituted the primary source, while textbooks, journals, articles and related reports formed the secondary sources. Some of the challenges enumerated in this work are: parties lack of trust in the arbitrators or counsels from the developing countries especially in matters relating to international commercial arbitration has mitigated the practice of Arbitration in Nigeria. Also, lack of transparency of arbitration proceedings, lack of special training for Arbitrators and separate training for counsels in arbitration. The problem of enforcing a foreign award is one of the pressing challenges that have discouraged the practice of Arbitration. The decision made in an arbitration or the enforcement is influenced by the Government policies (whether harsh, favorable to parties or not) and the business community status. Also these challenges have some effects on the society at large either positive or negative. This study also gave some recommendations which include among others that; legal practitioners and Arbitrators should be properly trained in ADR courses. The Nigerian Bar Association can encourage lawyers to do those courses and be trained as Counsels in Arbitration and not only Litigation. The errors or lacunas in the Arbitration and Conciliation Act 2004 should be corrected by the National Legislators. Government in Nigeria or other countries should emulate policies that are not only favorable to their countries but their investors in other to protect their lives and investments.