Revisiting the use of “Injunctions Pending Arbitration” in Nigeria through the Case of Intels v. Nigerian Ports Authority – Abdulkabir Badmos
Arbitration is one of the alternative dispute mechanisms recognized by law in Nigeria. Parties, in making their contracts, sometimes have an Arbitration clause that prescribes referral of any dispute arising from the contract to arbitration. It is therefore not unusual to find parties, in response to court summons, apply that a case currently being litigated be stayed pending arbitration. On the other hand, it is uncommon to find cases in Nigeria where a party, who after commencing arbitration proceedings, approach the court for an injunction in aid of arbitration.