1.1 any form of modern legislation makes it a

1.1 BACKGROUND OF THE
STUDY.

Arbitration according to Bernstein’ is
a mechanism for the resolution of disputes which takes place
usually in private pursuant to an agreement between two or more parties under
which the parties agree to be bound by the decision to be given by the
arbitrator according to law or, if so agreed, other considerations, after a
fair hearing, such decision being enforcement in law1′. It has a history which can be
traced back to even before civilization and its ability to perform without
litigation or any form of modern legislation makes it a preferable choice .The
first formal statute on arbitration in Nigeria was promulgated for the entire
country on 31st December, 1914, that is, the Arbitration Ordinance 1914 based
on the English Arbitration Act 1889. It soars above other types of dispute
resolutions in that there are statutes regulating it in most countries and is
the best method of settling international commercial disputes compared to other
methods.2

We Will Write a Custom Essay Specifically
For You For Only $13.90/page!


order now

Enforcement as a word according to the Encarta Dictionary
means to compel obedience to a law, regulation, or command. An arbitral award
is the tribunal’s final and binding decision on the merits of the claim as
opposed to a decision on mere procedural matters. The award must give an
unconditional decision and any remedy awarded must be certain and capable of
performance.

 

In the enforcement of domestic arbitral award in the United
Kingdom3,
the parties can agree on the form of an arbitral award which shall be applied
after the arbitration process has come to an end (section 66)4 .
If there is however no agreement then the award must:

Be in
writing.
Be
signed by all the arbitrators.
Contain
the reasons for the award unless the parties have agreed to dispense with
reasons.
State
the seat of the arbitration.
State
the date the award is made

The enforcement of international
arbitration awards follow a similar pattern to that of domestic awards however
the mechanism for enforcing international awards in England and Wales is
prescribed by Sections 100 to 103 of the Arbitration Act 1996 furthermore in
order to enforce under the Convention, a party must produce originals or
certified copies of the award and arbitration agreement and, if they are not in
English, certified translations.

In Nigeria the enforcement of Arbitral award is couched in Section 51 of the Arbitration and
Conciliation Act which talks about enforcement and recognition of Arbitral
awards for international Arbitration while domestic Arbitration is couched in Section 31 of the Act5 more
so the enforcement can be done through the following systems;

 

ü  Enforcement by court action upon the
award

ü  Enforcement under the Reciprocal Enforcement
of Judgment Ordinance

ü  Enforcement under the Arbitration and
Conciliation Act 2004

ü  Enforcement under the New York
Convention on Recognition and Enforcement of Arbitral Awards 1958

ü  Enforcement under the International
Center for the Settlement of Investment Disputes (ICSID) Convention

ü  Enforcement under the Lagos State
Court of Arbitration

1.2 STATEMENT OF THE
PROBLEM

Due to the sensitivity of arbitral award as final and binding
its enforcement is very crucial and delicate .The hiccup in the judicial
process in the enforcement of arbitral award in both Nigeria and The United
Kingdom have created a few of the problems involved in enforcing an award are
highlighted as follow;

·        
Statutory
Limitation Periods

·        
Jurisdiction
of the Enforcing Court

·        
Obsolete
Arbitration Legislations

·        
Unrestricted
appeals against orders enforcing arbitral awards

·        
Enforcement
of Arbitral awards against state

In other to properly understand these problems it is
important to understand and know what an award is and the procedure required by
the Arbitration
and Conciliation Act 1988 for Nigeria and the English Arbitration Act 1996
for the United Kingdom. More so these problem also bothers on setting
aside an award which is contained in section 32 of the ACA 1988 for
domestic arbitration and section 48 of the ACA 1988 for
international arbitration while Section 67 and 68 of the Arbitration Act
1996.

1.3 THE SIGNIFANCE OF
THE STUDY

There is an increase of in the use of arbitration to settle
dispute especially in the commercial world hence it is of outmost importance to
understand the principle of award and the delicateness of award. More so this
project would aid in understanding the procedure in setting aside of awards and
a thorough comparative study between the judicial procedure of award writing
and enforcement in United Kingdom and Nigeria

1.4 RESEARCH OBJECTIVES

1. An appraisal of the Arbitral process in Nigeria and United
Kingdom.

2 An examination on the process of Award.

3 Examination of the laws relating to Award in Nigeria and
United Kingdom.

4. Problems faced in the enforcement of Award.

5. Proffer recommendations to tackle problems faced in the
enforcement of award.

1.5 RESEARCH
METHODOLOGY

The material used in carrying out this research work includes
primary and secondary data. The primary data includes statutes that regulate
the Nigerian and United Kingdom Arbitration as well as the enforcement of
Arbitration in Nigeria and United Kingdom such as;

1. Arbitration and Conciliation Act6

2. New York Conventions on the Enforcement of Foreign
Arbitral Awards 1958

3. Reciprocal Enforcement of Judgments Ordinance, 1958

4. Limitation Law of Lagos State7

5. The Geneva Convention 1927

6. Arbitration Act 19968

7. Administration of Justice Act 19699

8. Foreign Judgment (Reciprocal Enforcement) Act 1933

9. International Commercial Arbitration Act10

 

The secondary data includes textbooks, laws journals,
newspaper, online materials, abstracts of existing writings and researches.

1.6 LIMITATION TO THE
STUDY

This study will definitely be faces with some limitation
which ranges from limited time in the gathering of materials for a
comprehensive research, inability to have interviews and discussions with
arbitrators in the United Kingdom to find out about the judicial process of arbitration,
limited financial resources and limited access to other university libraries
for a detailed research.

1.7 STUDY OUTLINE

This research work in an attempt to critically examine the
judicial process in the enforcement of arbitral award in Nigeria and the United
Kingdom has been structured into five chapters.

In chapter one, the researcher gave am introduction to award
in Nigeria and the United Kingdom, which is the theme of this research work.
This chapter goes further to identify the problems associated with the
enforcement of Arbitration. This chapter further itemizes the relevant statutes
and regulations to be considered.

In chapter two, a literature review of the history of
Nigerian and United Kingdom Arbitration shall be addressed; also the meaning of
Arbitration will be discussed in this chapter. More so the types of arbitral
award and the effects of award will be considered in this chapter. Furthermore
this section will also look into the recognition and remedies for an award.

Chapter three dealt with laws regulating enforcement of award
in Nigeria and the United Kingdom. This chapter further examines how award is
enforced in both Nigeria and United Kingdom.

Chapter four, the problems of enforcement of both Nigeria and
the United Kingdom is examined; this chapter goes further into revealing the problems
in enforcement of award have affected the arbitration.

Chapter five summarizes this research work. Concluded and
puts tentatively recommendations in combating problems faced in enforcement of
award in Nigeria and the United Kingdom and any reformation for the arbitration
sector.

1  Handbook of Arbitration Practice, 1988, p. 13

2OonCheeKheng.
(2004). Drafting Effective Dispute Resolution Clauses: Some Considerations.
Lawasia Business Law Conference

3Enforcement of arbitral awards in the UK
(England and Wales): overview

by Andrew Bartlett, Daniel Hayward, Samantha Stinton and Alexander Vakil, Osborne Clarke it  can be seen at
https://uk.practicallaw.thomsonreuters.com

4
English Arbitration Act 1996

5 Arbitration
and Conciliation Act Cap. A.18, LFN 2004

6
Cap 19 LFN 1990

7
1996 No. 88. L.S.L.N 16 of 1972.

8
C.23

9
C.58

10
SO 2017 C 2 Sch 5