Arbitration and Mediation Act, 2023

The Arbitration and Mediation Act, 2023 was enacted on May 26, 2023, to replace the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria, 2004. It aims to provide a unified legal framework for the fair and efficient settlement of commercial disputes through arbitration and mediation, aligning Nigeria’s dispute resolution mechanisms with international best practices.

PART I- ARBITRATION

Section 1 – Objectives and Application

Section 2 – Form of arbitration agreement

Section 3 – Arbitration agreement irrevocable except by agreement or leave of court

Section 4 – Death or change in status of party

Section 5 – Power to stay court proceedings on the same substantive claim

Section 6 – Number of arbitrators

Section 7 – Appointment of arbitrators

Section 8 – Grounds for challenge

Section 9 – Challenge procedure

Section 10 – Failure or impossibility to act

Section 11 – Appointment of substitute arbitrator

Section 12 – Withdrawal, death and cessation of office of an arbitrator

Section 13 – Immunity of an arbitrator, appointing authority and arbitral institution

Section 14 – Competence of arbitral tribunal to rule on its jurisdiction

Section 15 – Rules applicable to substance of dispute

Section 16 – Appointment of an emergency arbitrator

Section 17 – Challenge of an emergency arbitrator

Section 18 – Seat of the emergency relief proceedings

Section 19 – Power of the Court to grant interim measures of protection

Section 20 – Power of arbitral tribunal to grant interim measures

Section 21 – Conditions for grant of interim measures

Section 22 – Applications for preliminary orders

Section 23 – Specific regime for preliminary orders

Section 24 – Modification, suspension and termination of interim measures and preliminary orders

Section 25 – Order by the arbitral tribunal for provision of security

Section 26 – Disclosure of material change in circumstances

Section 27 – Costs and damages

Section 28 – Recognition and enforcement of interim measures

Section 29 – Grounds for refusing recognition or enforcement of interim measures

Section 30 – Equal treatment of parties

Section 31 – Arbitral proceedings and determination of rules of procedure

Section 32– The seat and place of the arbitration

Section 33– Commencement of arbitral proceedings

Section 34– Application of statutes of limitation to arbitral proceedings

Section 35 – Language to be used in arbitral proceedings

Section 36 – Points of claim and defence

Section 37 – Power of the arbitral tribunal as to remedies

Section 38 – Hearing and written proceedings

Section 39 – Consolidation and concurrent hearing

Section 40 – Joinder of parties

Section 41 – Default of a party

Section 42 – Power of arbitral tribunal to appoint expert

Section 43 – Power of court to order attendance of witness

Section 44 – Decision making by arbitral tribunal

Section 45 – Settlement

Section 46 – Award of interest

Section 47 – Form and contents of award

Section 48 – Termination of proceedings

Section 49 – Correction and interpretation of award and additional award

Section 50 – Costs of the arbitration

Section 51 – Deposit of costs

Section 52 – Security for costs

Section 53 – Joint and several liability of the parties for arbitrator’s fees and expenses

Section 54 – Lien on the award

Section 55 – Application for setting aside an arbitral award

Section 56 – Award Review Tribunal

Section 57 – Recognition and enforcement of awards

Section 58 – Refusal of recognition or enforcement of awards

Section 59 – Appointment in default

Section 60 – Application of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

Section 61 – Abolition of torts of maintenance and champerty

Section 62 – Disclosure of Third-Party Funding

Section 63 – Waiver of right to object

Section 64 – Extent of court intervention

Section 65 – Extent of application of this Act to arbitration

Section 66 – Extension of time

PART II -MEDIATION

Section 67 – Scope of application of this Part

Section 68 – Uniformity of interpretation

Section 69 – Variation by agreement

Section 70 – Commencement of mediation proceedings

Section 71 – Suspension of limitation period

Section 72 – Number and appointment of mediators

Section 73 – Conduct of mediation, fees and expenses

Section 74 – Communication between mediator and parties

Section 75 – Disclosure of information

Section 76 – Confidentiality

Section 77 – Admissibility of evidence in other proceedings

Section 78 – Termination of mediation proceedings

Section 79 – Mediator acting as arbitrator

Section 80 – Resort to arbitral or judicial proceedings

Section 81 – Immunity for mediators and mediation providers

Section 82 – Binding and enforceable nature of settlement agreements

Section 83 – Requirements for reliance on settlement agreements

Section 84 – Grounds for refusing to grant relief

Section 85 – Parallel applications or claims

Section 86 – General principles

Section 87 – Application of the convention on international settlement agreements resulting from
mediation

PART III – MISCELLANEOUS PROVISIONS

Section 88 – Receipt of written communication

Section 89 – Saving and transitional provisions

Section 90 – Repeal

Section 91 – Interpretation

Section 92 – Citation