Section 58 Arbitration and Mediation Act
Section 58 Arbitration and Mediation Act 2023 is about Refusal of recognition or enforcement of awards. It is under Part I (Arbitration) of the Act.
(1) A party to an arbitration agreement may request the Court to refuse recognition or enforcement of the award.
(2) Irrespective of the country in which the award was made, the Court may only refuse recognition or enforcement of an award –
(a) at the request of the party against whom it is invoked, if that party furnishes the Court with proof that –
(i) a party to the arbitration agreement was under some incapacity,
(ii) the arbitration agreement is not valid under the law to which the parties have indicated should be applied, or that the arbitration agreement is not valid under the law of the country where the award
was made,
(iii) the party against whom the award was invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise not able to present his case,
(iv) the award deals with a dispute not contemplated by or does not fall within the terms of the submission to arbitration,
(v) the award contains decisions on matters which are beyond the scope of the submission to arbitration, so however that, if the decisions on matters submitted to arbitration can be separated from those not so
submitted, only that part of the award which contains decisions on matters submitted to arbitration may be recognised and enforced,
(vi) the composition of the arbitral tribunal, or the arbitral procedure, was not in accordance with the agreement of the parties,
(vii) where there is no agreement between the parties under subparagraph (vi), that the composition of the arbitral tribunal, or the arbitral procedure, was not in accordance with the law of the country
where the arbitration took place, or
(viii) the award has not yet become binding on the parties or has been set aside or suspended by a court of the country in which, or under the law of which, the award was made; or
(b) where the Court finds –
(i) the subject matter of the dispute is otherwise not capable of settlement by arbitration under the laws of Nigeria, or
(ii) that the award is against public policy of Nigeria.
(3) Where an application to set aside or suspend an award has been made to a court referred to in subsection (2)(a)(viii), the Court before where recognition or enforcement is sought may, if it considers it proper, adjourn its decision and may also, on the application of the party claiming recognition or enforcement of the award, order the other party to provide appropriate security.
