Read this to understand the difference between procedural orders and arbitral awards in Nigeria and why it matters in arbitration...
August 18, 2025 4:23 pmBayshore Technologies Ltd and Green Fuels Ltd submitted their dispute arising from the supply of compressed natural gas under a gas sales and purchase agreement to arbitration under the Arbitration and Mediation Act 2023 .
The court’s decision may have wide implications on arbitration practice in Nigeria, particularly as regards the extent to which Nigerian courts can interfere or intervene in an arbitral tribunal’s interlocutory decisions and the basisto the arbitral proceeding. It is for this reason that this note analyses the issues determined by the Federal High Court in arriving at its decision: the concept of equal treatment and the nature of an arbitral tribunal’s procedural order.
certain documents—will guarantee similar results. Simply put, equal treatment does not equate to a similar procedural outcome.It, then, may be misconceived to consider that the opportunity given to parties in an arbitration to make similar requests—for instance, for document production from the other—ought to yield a uniform outcome.
arbitral proceeding, including its outcome—the arbitral award. This not only indicates Nigeria’s pro-arbitration stance but also relates to the position that parties to an arbitration areafter the arbitral proceedings. In such cases, the courts will only intervene in the arbitration process under specific circumstances, as provided by law. And the intervention must relate to the tribunal’s award.
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