The Machinery for Enforcement of Domestic Arbitral Awards in Nigeria - Prospects for Stay of Execution of Non-Monetary Awards: Another View

Abstract

Enforcement of an arbitral award is no doubt a topical issue. Arbitration is a private means of resolving dispute which is resorted to, chiefly because the parties choose to avoid as much as possible employing the state machinery for dispute resolution, namely the court and its dreaded time consuming procedures and technicalities and to save time and money. One aspect of this mode of resolving differences is its emphasis on party autonomy and timely enforcement of its product, which is award. That is why it sounds as apostasy or anathema to speak of stay of execution of award by the courts. Therefore, intervention of the court in arbitral matters or any action or omission that resonates in the negative is sure to draw attention of both scholars and end-users of the product of arbitration. This article attempts to present the author’s view of the issue and views canvassed by the learned author who wrote on this topic in Vol. 1 of this Journal.