Nigerian Arbitration & Mediation Act, 2023

A lot has been written about the new Nigerian Arbitration & Mediation Act, 2023.  Why are we excited?  We are excited about the following novel provisions:

  1. A more progressive definition of writing is given to include a record of the arbitration agreement in any form – Electronic communication can now form an arbitration agreement if the information contained therein is accessible so as to be useable for subsequent reference.
  2. The default number of arbitrators where unspecified is now one (1) arbitrator.
  • More clarity as the definition of seat/venue of the arbitration
  1. Emergency arbitration is permissible where a party seeks urgent relief.
  2. Provisions on the issuance of interim measures of protection by Courts expressly included as well as recognition and enforcement of interim orders made by a Tribunal.

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