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Section 23 Nigerian Arbitration and Mediation Act 2023

Section 23 Arbitration and Mediation Act 2023

Section 23 Arbitration and Mediation Act 2023 is about Specific regime for preliminary orders. It is under Part I (Arbitration) of the Act.

(1) Immediately after the arbitral tribunal has made a determination in respect of an application for a preliminary order, the arbitral tribunal shall give notice to all parties of the request for the interim measure, the application for the preliminary order, the preliminary order, if any, and all other communications, including by indicating the content of any oral communication between a party and the arbitral tribunal in relation thereto.

(2) The arbitral tribunal shall give opportunity to any party against whom a preliminary order is directed to present its case at the earliest possible time.

(3) The arbitral tribunal shall decide promptly on any objection to the preliminary order.

(4) A preliminary order shall expire after 20 days from the date on which it was issued by the arbitral tribunal, provided that the arbitral tribunal may issue an interim measure adopting or modifying the preliminary order, after the party against whom the preliminary order is directed has been given notice and an opportunity to present its case.

(5) A preliminary order is binding on the parties but is not subject to enforcement by a Court and the preliminary order does not constitute an award.

See also  Section 49 of the 1999 Constitution of Nigeria (Updated)

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