Arbitration in Nigeria: Jurisdictional Challenges, Court Stays, Anti‑Suit and Anti‑Arbitration Injunctions, and Recognition of Foreign Anti‑Suit Orders under the Arbitration and Mediation Act 2023
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Practice notes
Choosing arbitration as the forum for resolving disputes has continued to gain broad traction in Nigeria. Nevertheless, parties bound by arbitration clauses frequently begin court proceedings to contest the authority of arbitral tribunals to determine their matters.
Challenging arbitral jurisdiction
Until 26 May 2023, the principal statute governing arbitration in Nigeria was the Arbitration and Conciliation Act, 1988, Cap A18, Laws of the Federation of Nigeria, Vol. 2010 (“ACA”), which was predominantly modelled on the UNCITRAL Model Law with some variations. The ACA expressly recognised the sanctity of the arbitration agreement (see section 2) and treated such agreements as generally irrevocable. That enactment has since been repealed and replaced by the new Arbitration and Mediation Act 2023 (“AMA”). The AMA preserves the default position of irrevocability. This mirrors the ACA’s stance. Under section 3, subject to section 5(1) and unless the parties agree otherwise, an arbitration agreement is not to be revoked. Section 5(1) addresses circumstances where a court determines that the arbitration agreement is void, inoperative, or incapable of being performed. In those situations, the agreement does not take effect or cannot be carried out...
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Web page updated on 21/05/2026
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