Arbitration and Mediation Act, 2023

Arbitration and Mediation Act, 2023

• Repeals the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria, 2004.
• Enacts the Arbitration and Mediation Act, 2023 to create a unified legal framework.
• The framework facilitates fair and efficient settlement of commercial disputes through arbitration and mediation.
• Makes the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) applicable.
• Applies to any award made in Nigeria or in any contracting state originating from international commercial arbitration.

Part 1: Arbitration Sections

• Objectives and Application (Section 1)
• Form of arbitration agreement (Section 2)
• Arbitration agreement is irrevocable, except by agreement or leave of court (Section 3)
• Deals with the death or change in status of party (Section 4)
• Outlines the power to stay court proceedings on the same substantive claim (Section 5)
• Defines the number of arbitrators (Section 6)
• Describes the appointment of arbitrators (Section 7)
• The grounds for challenging an arbitrator (Section 8)
• How to implement the challenge procedure (Section 9)
• Failure or impossibility to act (Section 10)
• How to appoint a substitute arbitrator (Section 11)
• Withdrawal, death, and cessation of office of an arbitrator (Section 12)
• Immunity of an arbitrator, appointing authority, and arbitral institution (Section 13)
• Competence of arbitral tribunal to rule on its jurisdiction (Section 14)
• Rules applicable to substance of dispute (Section 15)
• Appointment of an emergency arbitrator (Section 16)
• Challenge of an emergency arbitrator (Section 17)
• Seat of the emergency relief proceedings (Section 18)
• Power of the Court to grant interim measures of protection (Section 19)
• Power of arbitral tribunal to grant interim measures (Section 20)
• Conditions for grant of interim measures (Section 21)
• Applications for preliminary orders (Section 22)
• Specific regime for preliminary orders (Section 23)
• Modification, suspension and termination of interim measures and preliminary orders (Section 24)
• Order by the arbitral tribunal for provision of security (Section 25)
• Disclosure of material change in circumstances (Section 26)
• Costs and damages (Section 27)
• Recognition and enforcement of interim measures (Section 28)
• Grounds for refusing recognition or enforcement of interim measures (Section 29)
• Equal treatment of parties (Section 30)
• Arbitral proceedings and determination of rules of procedure (Section 31)
• The seat and place of the arbitration (Section 32)
• Commencement of arbitral proceedings (Section 33)
• Application of statutes of limitation to arbitral proceedings (Section 34)
• Language to be used in arbitral proceedings (Section 35)
• Points of claim and defense (Section 36)
• Power of the arbitral tribunal as to remedies (Section 37)
• Hearing and written proceedings (Section 38)
• Consolidation and concurrent hearing (Section 39)
• Joinder of parties (Section 40)
• Default of a party (Section 41)
• Power of arbitral tribunal to appoint expert (Section 42)
• Power of court to order attendance of witness (Section 43)
• Decision-making by arbitral tribunal (Section 44)
• Settlement (Section 45)
• Award of interest (Section 46)
• Form and contents of award (Section 47)
• Termination of proceedings (Section 48)
• Correction & interpretation of award and additional award (Section 49)
• Details covering the costs of the arbitration (Section 50)
• Deposit of costs (Section 51)
• Security for costs (Section 52)
• Joint and several liability of the parties for arbitrator's fees and expenses (Section 53)
• Lien on the award (Section 54)
• Application for setting aside an arbitral award (Section 55)
• Award Review Tribunal (Section 56)
• Recognition and enforcement of awards (Section 57)
• Refusal of recognition or enforcement of awards (Section 58)
• Appointment in default (Section 59)
• Application of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Section 60)
• Abolition of torts of maintenance and champerty (Section 61)
• Disclosure of Third-Party Funding (Section 62)
• Details covering the waiver of the right to object (Section 63)
• Extent of court intervention (Section 64)
• Extent of application of this Act to arbitration (Section 65)
• Extension of time (Section 66)

Part II: Mediation Sections

• Scope of application of this Part (Section 67)
• Uniformity of interpretation (Section 68)
• Variation by agreement (Section 69)
• Commencement of mediation proceedings (Section 70)
• Suspension of limitation period (Section 71)
• Number and appointment of mediators (Section 72)
• Conduct of mediation, fees and expenses (Section 73)
• Communication between mediator and parties (Section 74)
• Disclosure of information (Section 75)
• Confidentiality (Section 76)
• Admissibility of evidence in other proceedings (Section 77)
• Termination of mediation proceedings (Section 78)
• Mediator acting as arbitrator (Section 79)
• Resort to arbitral or judicial proceedings (Section 80)
• Immunity for mediators and mediation providers (Section 81)
• Binding and enforceable nature of settlement agreements (Section 82)
• Requirements for reliance on settlement agreements (Section 83)
• Grounds for refusing to grant relief (Section 84)
• Parallel applications or claims (Section 85)
• General principles (Section 86)
• Application of the convention on international settlement agreements resulting from mediation (Section 87)

Part III: Miscellaneous Provisions

• Receipt of written communication (Section 88)
• Saving and transitional provisions (Section 89)
• Repeal (Section 90)
• Interpretation (Section 91)
• Citation (Section 92)

First Schedule: Arbitration Rules

• Where parties have agreed that disputes between them in respect of a defined legal relationship, whether contractual or not, shall be referred to arbitration under the Arbitration and Mediation Act, then such disputes shall be settled in accordance with these Rules subject to such modification as the parties may agree. (Article 1)
• These rules shall govern the arbitration, except that where any of these Rules is in conflict with a provision of this Act, the provisions of this Act shall prevail. These Rules are to be known as the Arbitration Rules. (Article 2)
• A notice, including a notification, communication, or proposal, may be transmitted by any means of communication that provides or allows for a record of its transmission.
• After reasonable efforts, delivery cannot be effected with the rules, a notice is deemed to have been received where it is sent to the addressee's last-known place of business, habitual residence, or mailing address by registered letter or any other means that provides a record of delivery or of attempted delivery. (Article 3)
• Response to the written communication requesting arbitration-Within 30 days of the receipt of the written communication containing a request for the dispute to be referred to arbitration, the respondent shall convey to the claimant (Article 4)
• Representation and Assistance-Each party may be represented or assisted by persons chosen by it. (Article 5)
• Designating and Appointing Authorities - Unless the parties have already agreed on the choice of an appointing authority, a party may at any time propose the name or names of one or more institutions or persons, one of whom would serve as appointing authority. (Article 6)
• Composition of the Arbitral Tribunal- Number of Arbitrators -Where parties have not previously agreed on the number of arbitrators, and if within 30 days after the receipt by the respondent of the written communication containing a request for the dispute to be referred to arbitration the parties have not agreed that there shall be only one arbitrator, one arbitrator shall be appointed. (Article 7)
• Appointment of each arbitrator (Article 8)
  • Where three arbitrators are to be appointed, each party shall appoint one arbitrator. (Article 9)
  • For the purposes of Article 9, paragraph 1, where three arbitrators are to be appointed and there are multiple parties as claimant or multiple parties as respondent, the multiple parties shall jointly, appoint the arbitrators (Article 10)
• Disclosures by and Challenge of arbitrators (Article 11 to 13)
  • Where a person is approached with possible appointment as an arbitrator, the person the shall confirm their availability and disclose any circumstances likely to give rise to justifiable doubts as to the person's impartiality or independence (Article 11)
  • A party that intends to challenge an arbitrator Article 12 and 13
• Replacement of an Arbitrator (Article 14)
• Exclusion of liability (Article 15) Save for intentional wrongdoing, the parties waive, to the fullest extent permitted under the applicable law, any claim against the arbitrators, the emergency arbitrator, the appointing authority and any person appointed by the arbitral tribunal based on any act or omission in connection with all arbitration fees (Article 16)
• Arbitral Proceedings -General Provisions If at an appropriate stage of the proceeding any party requests the tribunal shall hold hearings and present the witnesses including experts or use oral arguments Article 17
• Seats and Venue of Arbitration The seats will be chosen by arbitrators and determine the circumstances of the arbitration The Arbitral may meet at any location and have the power to decide what seems appropriate for deliberations.
• Language Article 19 - The decision determines the language to use in the proceedings
• Pints of claim Article 20 - points of claim and statements to what to what each is about and include the statement of facts that support the claim
• Paints of Defense Article 21 - the statements reply the particulars if points to the claim
• Amended to the claim - During the code of the arbitral proceedings , can be edited only - Articles 12
• Jurisdiction to Rule - articles for arbitrators that are able to have power and their own jurisdictions under each objection Article 23
• Statement will be required for the parties or may be presented by then and shall fix the periodic time article 24
• Measures for each statement will be presented within 44 days however arbitration may extends the limit 25
• Article - Article 26 states that the arbitrators tribunal may at request of each party for a specific action.
• Emergency arbitrator proceedings
  • taking actions of relief and party have the powers of their objections
  • Actions for what will have a form of an order the emergency will need to have and form
• article 27 covers the correct actions made and to cover other actions that may cause for the party Article 28 Evidence- burden and prove claims in that right , statements will be provided
• article 29 covers hearings with all information that are provided by date and information
• expert will be selected and provided in the rights of the party and make the arbitrators aware of these issues (Article 30)
• Without statements given within the right time the arbitrators will issue a form for termination (Article 31)
• Article covers to consolidate or hold agreements article 32
• Request are to have a form of order that shows to have a good impact. - Article 33
• additional members to gain knowledge about arbitration
  (Article 34, 35,36 and37) And make known for agreements
  Articles (38,39,40) (Article 40)
• article that contains multiple rules that will be presented for the award

Second Schedule

• The Convention applies to the recognition and enforcement of arbitral awards made in the territory of a State other than the State where it comes from it must have all information of

Questions about the Arbitration and Mediation Act 2023. Focus on the purpose, revocation of agreements, tribunal power over jurisdiction and equality of parties. Also covers the role of the court, New York Convention significance and statutes of limitation.