The President of the Nigerian Bar Association (NBA) delivered a compelling presentation at the Commonwealth Lawyers Association (CLA) Conference in Malta, focusing on “Enforcement Complexities of Arbitral Awards and Sovereign Immunity.” His address centered on Nigeria’s legal experience, offering a national perspective on international arbitration and state sovereignty.
The NBA President highlighted Nigeria’s Arbitration and Conciliation Act, which enables the enforcement of arbitral awards through express provisions. He explained how these provisions interact with the principle of reciprocity, allowing Nigeria to recognize and enforce awards from countries offering similar treatment to Nigerian awards. This reciprocal framework is crucial for upholding international arbitration integrity.
The President discussed Nigeria’s mechanisms for enforcing arbitration awards and foreign judgments, referencing the Foreign Judgments (Reciprocal Enforcement) Act. This law complements the arbitration regime by providing structured procedures for recognizing and enforcing foreign court decisions, reinforcing Nigeria’s commitment to international dispute resolution standards.
Sovereign immunity, rooted in international law, poses challenges at two critical stages in arbitration: jurisdiction and execution. The NBA President noted that sovereign states may waive immunity by entering into contracts or treaties with arbitration clauses, especially in commercial activities. However, practical enforcement of such waivers remains complex.
The President acknowledged the New York Convention’s role in streamlining cross-border arbitration enforcement. The Convention obligates signatory states to recognize and enforce arbitration agreements and awards, subject to narrow exceptions.
Citing the Sulu Arbitration Award, the NBA President highlighted the risks of forum shopping, third-party funding, and strategic arbitration use in politically sensitive matters. This case underscores the importance of maintaining credible international arbitration systems.
The NBA President concluded by advocating for clearer and more consistent enforcement mechanisms globally, while promoting legal reforms that balance state sovereignty and accountability in international commercial arbitration.
The President’s presentation showcased Nigeria’s legal contributions to international arbitration discourse, emphasizing the need for continued innovation and harmonization across Commonwealth jurisdictions. His intervention demonstrated the Nigerian Bar’s leadership and commitment to strengthening the global arbitration landscape through dialogue, cooperation, and reform.