Share This Post

Share on facebook
Share on linkedin
Share on twitter
Share on email
Share on whatsapp
Share on print

23rd April 2024

By Damilola Akinsanya




Emergency Arbitration in Nigeria: Legal Innovations and Practice

  1. Introduction

Historically, arbitration did not offer any remedy in cases where emergency reliefs were necessary. A look into the earliest arbitration laws and rules showed that emergency reliefs and conservatory measures were not conceived to be under the purview of arbitration. As a result, parties, despite having agreed to refer their disputes to arbitration had to approach the courts for injunctions and other interim reliefs in matters of extreme urgency.

Even when arbitral institutions began to recognise the importance of conservatory measures, the rules still arrogated the power to grant such measures to the national courts. For instance, the 1955 ICC Arbitration Rules while recognising the importance of interim measures of protection in cases of urgency provided that parties may approach any competent judicial authority for such measures of protection, without thereby contravening the arbitration clause binding them. This provision was reproduced in the 1975, 1988 and 1998 ICC Rules.

However, the 1998 ICC Rules went further by taking the first step to imbue the arbitral tribunal itself with the competence to make interim or conservatory orders.
For the full article, please click the link.

Subscribe To Our Newsletter

Get updates and learn from the best

More To Explore

COVID-19: An Act of God (Force Majeure or Frustration) in Law?

The emergence of the COVID-19 pandemic and the attendant lockdown which has disrupted commercial activities will, no doubt, create contractual problems. In some instances, the lockdown on activities will mean that time-bound obligations could not be met. In others, the lockdown will simply be raised as an excuse to avoid or delay obligations! Whatever their merits, there is likely to be a rash of breach of contract claims once normal business activities resume.