| Abstract: | In Nigeria, the limitation period begins to run from the date the dispute leading
to the arbitration arose instead of when the award was rendered. While
highlighting the rationale and effect of limitation period to the jurisdiction of
court, I argue that the period set out in the Arbitration and Conciliation Act
(ACA) for enforcement of arbitral awards fails to countenance the inherent
delays in Nigeria’s justice system which can be exploited to render the
enforcement of an award nugatory. The operationalisation of limitation period
unless amended, can be a dissuading factor for choosing Nigeria as a seat of
international arbitration which rubs her of the attendant benefits. It is further
argued that, anyone, wishing to enforce an award in Nigeria, must ingeniously
act timeously to avoid untoward outcome due to the repressive limitation
period. This article identifies registration of award pursuant to Foreign
Judgment (Reciprocal Enforcement) Act as a leeway to enforce foreign arbitral
awards. It compares the practice in Nigeria with jurisdictions like India,
Canada, United Kingdom and Ethiopia and draw lessons for Nigeria. It makes a
case for amendment of the existing legal framework to bring the law on
limitation of time in tandem with global best practices. |
