A review of the enforcement of arbitration awards ; a comparative study of Nigeria and South Africa

Abstract

Arbitration, as one of the alternative dispute resolution procedures, aids in the quick resolution of disputes as against traditional litigation. The Courts' apparent lack of promptness in dispensing disputes necessitates the employment of arbitration in international and sometimes national businesses. The main purpose of parties in any dispute (particularly arbitration) is for the arbitrator's ruling to put an end to the dispute that has arisen between them. The purpose and logical conclusion of the arbitration process is the arbitral award. The award's concept must be obvious and unambiguous so that when it is issued, the winning party has no problem recognizing and enforcing it. This study examines the current legal regime for recognising and enforcing arbitration awards in Nigeria and South Africa. It will also address the review of the enforcement of arbitral awards (both domestic and international), considering the issues and challenges that have arisen. The underlying policy considerations of each country in their quest to join the comity of nations in guaranteeing prompt enforcement of arbitral awards, as well as efforts to reform the primary legislation governing arbitration awards in both countries, will also be reviewed in this study. Even though there have been several suggestions, efforts, and recommendations for reforming the laws and legislations governing arbitration, recognition, and enforcement of arbitral awards, this research will also provide a general analysis of regulatory deficiencies in the enforcement of arbitral awards. I will make recommendations for legal and judicial approaches that Nigeria and South Africa can adopt.