AMAMCHUKWU, CHISOM VERA (2026) AN EXAMINATION OF THE LEGAL GROUNDS FOR SETTING ASIDE AN ARBITRAL AWARD IN NIGERIA. Other thesis, GODFREY OKOYE UNIVERSITY ENUGU..
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Abstract
Arbitration has become a major mechanism for resolving commercial disputes in Nigeria because it offers parties a private, flexible as well as speedy alternative to litigation. However, although arbitral awards are intended to be final and binding, they are not immune from judicial control. Courts may set aside an arbitral award where the award. Therefore, this study examines the legal grounds for setting aside arbitral awards in Nigeria and make recommendations for improvement. The research adopted a doctrinal methodology and it relied on primary sources such as statutes, conventions and judicial decisions, as well as secondary sources such as textbooks, journal articles and internet materials. This study found that the Arbitration and Mediation Act (AMA) 2023 is the principal legislation which govern the setting aside of arbitral awards in Nigeria. Section 55 of the Act which provides a closed list of grounds. It also found that the Constitution, the New York Convention and the UNCITRAL Model Law remain relevant to the legal and institutional framework. Furthermore, the study found that the grounds for setting aside awards include incapacity, invalid arbitration agreement, lack of proper notice, inability to present a case, excess of powers, improper tribunal composition, non-arbitrability, public policy, fraud and corruption. However, the study identified several challenges. These includes judicial interference, ambiguity in interpreting the statute, delay in court proceedings, abuse of setting-aside applications, difficulty in proving fraud and corruption, and limited judicial authorities under the new Act. This study recommends that the judiciary should adhere to section 55 strictly; public policy and substantial injustice should be interpreted clearly; there is need to fast-track the procedures for arbitration-related applications; arbitration agreements should be drafted properly; and Award Review Tribunal should be utilised carefully. This study concludes that the AMA 2023 has strengthened the framework for arbitration in Nigeria. However, judicial interpretation must be disciplined.
| Item Type: | Thesis (Other) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law, Arts and Social Sciences > School of Law |
| Depositing User: | ESTHER IGWEIKE |
| Date Deposited: | 24 Jul 2026 12:30 |
| Last Modified: | 24 Jul 2026 12:30 |
| URI: | http://eprints.gouni.edu.ng/id/eprint/5961 |
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