ENFORCEMENT OF ARBITRATION AGREEMENT UNDER THE ARBITRATION AND MEDIATION ACT 2023 – STAY OF PROCEEDINGS: KWARA STATE GOVERNMENT & ORS V. GUTHRIE NIG. LTD (2023)34 WRN 1 (2022)13NWLR (Pt.1846)189 A REVISIT

In this research we are concerned with arbitration agreement under the Act. Arbitration is said to be under the Act if the arbitration agreement is in writing within the provisions of section 2 of the Arbitration and Mediation Act 2023. Arbitration is the reference of a dispute or difference or differences between not less than two parties for determination, after hearing both sides in a judicial manner, by a person or persons other than a court of competent jurisdiction which renders a decision called award.[1] Arbitral award is a judgment. Where a party after entering into an arbitration agreement reverts to court on the occurrence of the dispute rather than reverting to arbitration in accordance with their agreement, the party aggrieved by the breach of the arbitration agreement is not without a remedy. The question which may be asked is what is the remedy of the aggrieved party? Does this remedy apply to all arbitration agreement or a specific form of arbitration agreement? A party who is aggrieved that the recalcitrant party has reverted to court instead of going to arbitration as agreed by the parties has a right to apply for stay of proceedings to the court where the matter is pending. Is it in all arbitration agreement that application for stay will apply? What are the principles guiding the granting of stay of proceedings in arbitration matter? Does filing of notice of intention to defend in an undefended List proceeding constitute a step in the proceedings within the provision of section 5 of the Arbitration and Mediation Act 2023 which is impair materia with section 5 of the Arbitration and Conciliation Act 2004. It is to answer these questions that we have embarked on this research.