Over the years, the Nigerian courts have consistently maintained a friendly disposition towards arbitration, evinced by the courts’ attitude of limiting its interference in arbitration designated disputes, in accordance with Section 34 of the Arbitration and Conciliation Act, Cap. A18, Laws of the Federation of Nigeria 2004 (the Arbitration Act).
In the recent decision of the Federal High Court (the Court) coram Dimgba J., in Suit No. FHC/ABJ/CS/390/2018, Nigerian National Petroleum Corporation (NNPC) vs. Total E & P Nigeria Ltd & 3 Ors, (the Suit) delivered on 01 March 2019, the Court followed a long line of judicial authorities in declining jurisdiction to entertain an application which invited the Court to interfere with pending arbitral proceedings by disqualifying the Presiding Arbitrator and the Arbitral Tribunal. Within the context of the facts of the Suit, this newsletter provides an analysis of the Court’s decision, and examines the reasoning of the Court vis-à-vis the provisions of the Arbitration Act.
