Ascertaining the Effect of Limitation of Time for Recourse against International Arbitral Award in Nigeria

Abstract

Abstract Unlike article 34 of the UNCITRAL Model Law which prescribes three months limitation period for recourse against arbitral award, section 48 of the Nigerian Arbitration Act (ACA) does not specifically contain any limitation period. However, section 29(1) of the ACA which has general application provides for three months limitation period from the date of award within which a party can apply to set aside an award on the ground that the arbitral tribunal exceeded its scope of submission. The aim of this paper is to ascertain the scope, application and effect of the relevant provisions of the ACA by evaluating relevant judicial decisions. This paper adopts the doctrinal methodology by relying on relevant statutes, judicial decisions and literature. The paper points out the issues arising from computation of time as to whether limitation time starts to run from the date of award or when the award is received by the parties or their legal representatives and calls for judicial rethinking. The paper finds that the virtual repetition of the grounds for recourse against international arbitral award in the grounds for refusal of recognition and enforcement may give an unsuccessful party a bite of another cherry. In order not to defeat the essence of the limitation period, the paper recommends necessary the legislative reforms.