Arbitration & ADR, Insights

Pre-Arbitration Emergency Measures Under the Arbitration and Mediation Bill 2022.

The passage of the Arbitration and Mediation Bill 2022 (“the Bill”) introduces innovative fallback provisions in the legal framework for alternative dispute resolution in Nigeria. Under the Bill, provisions have been made for appointment of emergency arbitrators and applications for grant of interim measures pending arbitration.

Section 16 of the Bill provides that a party who requires an “urgent relief” may apply for it, prior to the constitution of an arbitral tribunal. According to this section, the application for urgent relief may be made concurrently with a request for arbitration to the arbitral institution. In this application, the applicant urges the arbitral institution designated by the parties for appointment of an emergency arbitrator, and failing such designation, the application for the appointment of an emergency arbitrator is made to the Court.

Worthy of note are the provisions of section 16 (9) of the bill and Article 27 of the first schedule to the Bill. The combined effect of these provisions is detailed information on the powers of the emergency arbitrator to, upon his appointment, give directions as to the course of the emergency relief proceedings, deliver decisions (“emergency orders”), form and content of the decision, fixing of cost for the emergency proceedings…

 

 

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