ANTI-ARBITRAL INJUNCTIONS IN NIGERIA: IMPLICATIONS OF SECTION 64
29th of February, 2024
In recent times, arbitration has enjoyed increased patronage in Nigerian commercial disputes. Indeed, parties to arbitration agreements, the arbitrators and the Court are becoming more cooperative and confident, and less circumspect. Thus, including arbitration clauses in commercial agreements afford parties the opportunity to refer their disputes to a “seemingly” simple, quick, convenient and cost-effective process which is geared at saving them from the tedious and complicated procedures of a court.
Consequently, arbitration agreements or clauses confer jurisdiction on the arbitral tribunal to constitute and decide the disputes between the parties. However, there may be instances where a party seeks the intervention of a Court by way of an
injunction, to restrain the other party from commencing or continuing arbitral proceedings. This category of injunctions has now been termed ‘anti-arbitration injunctions’.