The Non-Interventionist Principle – Understanding Sections 30 and 34 of the Arbitration and Conciliation Act of Nigeria

Description

ABSTRACT

The Non-Interventionist Principle – Understanding Sections 30 and 34 of the Arbitration and Conciliation Act of Nigeria

Ajibola Dalley*

The power of the court to intervene during the course of arbitral proceedings is greatly limited by the Arbitration and Conciliation Act Cap. A.18 Laws of the Federation of Nigeria 2004, which clearly defines the scope of the court’s powers in this regard. The Act clearly stipulates permissible instances where the courts may intervene during arbitral proceedings. However, in spite of the provisions of the Act, there have been a number of occasions where State High Courts have opted to grant orders of injunction and, relying on Section 30(2) of the Act, proceeded to remove arbitrators on grounds of misconduct prior to the delivery of the arbitral award. The aim of this paper is to explore the propriety of pre-award injunctions and the removal of arbitrators on grounds of misconduct, by analysing the principles of non-intervention and sections 30 and 34 of the Arbitration and Conciliation Act.

Keywords: Arbitral Proceedings, Arbitration, Injunction, Misconduct.

INTRODUCTION
In Nigeria, the Arbitration and Conciliation Act₁ (‘The Act’) – Nigeria’s principal enactment on arbitration matters – circumscribes the scope and extent of the court’s intervention in arbitral proceedings.

Section 34 of the Act states: ‘A court shall not intervene in any matter governed by this Act except where so provided in this Act’.

Under the Act the scope of the court’s intervention is set out definitively, in a handful of sections, and a review of all the sections reveals a limited number of instances in which the courts may intervene during the course of arbitral proceedings. These instances are set out below:

a.  Stay of court proceedings;₂
b.  Revocation of arbitration agreement;₃
c.  Appointment of arbitrator;₄
d.  Attendance of witnesses;₅
e.  Production of documents;₆

* Partner, GRF Dalley and Partners, Lagos Nigeria. The author is recognised by the IFLR1000 as a ‘notable practitioner’ and is the current Chairman of the Aviation Committee of the Nigerian Bar Association’s Section on Business Law. He is also an Honorary Member of the Africa Committee of the Commercial Barristers Association of England and Wales.

1. Cap A18 Laws of the Federation of Nigeria 2004 [hereafter ACA].
2. ACA, ss 4 and 5.
3. ACA, s 2.
4. ACA, s 7.
5. ACA, s 23.
6. ACA, s 19(2).

THE GRAVITAS REVIEW OF BUSINESS & PROPERTY LAW VOL.10 NO.4