Abstract
The utility in arbitration as an alternative dispute resolution mechanism is only fully actualized where the arbitral award obtained by the award-creditor is enforceable in the country wherein it is sought to be enforced. However, arbitral awards are not unassailable and can be challenged on a number of grounds, one of such grounds being a challenge that the award is contrary to in the country where it is sought to be enforced. The challenge often encountered with this approach, is that public policy is a nebulous phrase which is subject to subjective interpretation, and as such, what may amount to being contrary to may vary by jurisdiction, court, or even jurist. This paper explores the ground for challenging international arbitral awards, examining how this ground has been interpreted in various jurisdictions, before attempting to suggest how the same might be interpreted within the Nigerian legal system towards the setting aside of an international arbitral award.
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