Interim measures in Nigerian arbitration: tribunal and court powers under the Arbitration and Mediation Act 2023, pre‑2023 practice, criteria for relief, enforcement, and support for foreign‑seated arbitrations
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Introduction
Interim remedies supporting arbitration are easily accessible to participants in Nigerian arbitral matters, either as (i) measures granted by the arbitral tribunal, or (ii) measures issued by the Nigerian courts. The entitlement to seek interim relief has been preserved—and widened—by the new Arbitration and Mediation Act, 2023 (AMA).
Interim reliefs in pre-2023 arbitral proceedings
Under the earlier regime, the Arbitration and Conciliation Act 1998 (ACA) authorised an arbitral tribunal to order interim measures of protection (Section 13 ACA). Article 26 Rules (1) and (2) of the Arbitration Rules, in the First Schedule to the ACA, likewise enabled the tribunal to grant protective measures, including ‘measures for the conservation of the goods forming the subject-matter of the dispute’, by way of an interim award. Although the ACA did not expressly vest the courts with power to grant interim orders such as injunctions pending arbitration, that gap was bridged by Article 26(3) of the Rules, which stated: ‘…A request for interim measures addressed by any party to court shall not be deemed incompatible with the agreement to arbitrate, or as a waiver of that agreement’. Consequently, the...
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Web page updated on 22/05/2026
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