A Case for Summary Disposal of Arbitral Claims in Nigeria

A Case forSummaryDisposal ofArbitral Claimsin NigeriaLessons from the Arbitration Act 2025of England and WalesMarch 2026 Dispute Resolution & ADR InsightIntroductionIn February 2025, the Arbitration Act 2025of England and Wales (AA 2025) receivedroyal assent, establishing a new legalframework for arbitration in England andWales and Northern Ireland. The AA 2025introduced a new provision that allows anarbitral tribunal to determine a claim or anissue summarily. Section 39A of the AA2025 provides that, except the partiesagree otherwise, a tribunal maysummarily make an award as regards aclaim or an issue if it considers that theclaim or issue or a defence to a claim orissue has no real prospects ofsucceeding. The implication is that thiswill allow early determination of issues.A Case for Summary Disposal Page 1On the other hand, the Arbitration andMediation Act 2023 of Nigeria (AMA 2023)lacks a corresponding provision. Thismeans that there is no express provisionallowing Nigerian-constituted arbitraltribunals to summarily determine claimsor issues. This paper will highlight theconcept of summary disposal of disputesin civil litigation and its importance inarbitration. It will argue that while there isa need to consider codifying the conceptin Nigeria, a purposive interpretation ofthe current arbitration legal frameworkcould achieve the desired goal.As with other jurisdictions,1 summary disposal of disputes is not a novel concept in Nigeria.Generally, the rules of the various courts in Nigeria empower courts to decide a claimsummarily upon a party's application.2 This differs from a case where the court disposes ofa suit at a preliminary stage (without a hearing on the merits) because it lacks jurisdiction.The summary disposal of disputes, here, is known as summary judgment, which a courtgrants where there is no genuine issue of material fact between the parties.3It is aprocedural device that allows the speedy disposal of a controversy without the need fortrial,4 with the objective of preventing delay and saving judicial time.5 Considering its placein civil litigation in Nigeria, summary disposal of disputes may be a ‘potent power’ forarbitral tribunals in Nigerian-seated arbitrations.6Summary disposal of disputesImportance of summary disposalof disputes in arbitrationIt has been the position that arbitration’s key advantage over domestic litigation is that it isquicker. However, it is debatable whether this position holds true today.8Considering that quick dispute resolution may no longer bearbitration's advantage over litigation, summary disposal of claimsbecomes an important feature in the proceedings."Prolonged Timelines &ComplexityPresently, the disputes that areresolved by arbitration have becomemore complex and technical. In fact,some arbitral proceedings may lastwell over 24 months.9Deliberate Delay TacticsThe prolonged duration ofarbitration proceedings may beexacerbated by the parties' delaytactics,10 especially where a goodcase is absent.A Case for Summary Disposal Page 2Summary disposal of arbitral claimsin NigeriaAs noted earlier, the AA 2025 introduced an important clause to facilitatesummary disposal of claims in arbitration in England, Wales, and Northern Ireland.Nigeria’s AMA 2023 does not contain a comparable provision. Despite this gap,the AMA 2023 can be interpreted to permit the summary disposal of arbitralclaims in Nigeria. If the objective of interpretation is to discover the intention ofthe legislature in making the law, it means that an interpretative approach thataligns with and expresses the purpose of the law and the intention of thelawmaker should be preferred.11 When given a purposive interpretation, theprovisions of the AMA 2023 may allow for summary disposal of arbitral claims.It is worth noting that under the “objectives and application” of the AMA 2023,“Parties, arbitrators, arbitral institutions, appointing authorities and the court shalldo all things necessary for the proper and expeditious conduct of the arbitralproceedings.”12 This indicates that the AMA 2023’s goal—and, by extension, that ofthe lawmakers—is to ensure swift arbitral proceedings. In addition, the AMA 2023grants an arbitral tribunal some discretion regarding the arbitral proceedings.13Further, in resolving the dispute between the parties, the AMA 2023 enjoins anarbitral tribunal to avoid unnecessary delay or expense.14 Read together from apurposive perspective, one can argue that an arbitral tribunal, in exercising itsdiscretion and owing to the duty to avoid delay, may summarily dispose of aclaim submitted to it.In addition to a purposive interpretation of the AMA 2023, arbitration institutions inNigeria may consider including provisions that allow arbitral tribunals tosummarily dispose of claims. This has been the practice elsewhere.15 It is referredto as the early determination or dismissal provisions. Under these provisions, anarbitral tribunal may summarily dismiss a claim that is “inadmissible”, “manifestlywithout merit”, or “manifestly outside the jurisdiction of the tribunal”.16 If similarprovisions are added to the rules of arbitration institutions in Nigeria, it will giveNigerian-seated arbitral tribunals a stronger footing to make decisions on asummary basis.A Case for Summary Disposal Page 3Practical implications of summarydisposal in NigeriaAlthough summary disposal would be an important procedural tool in arbitration in Nigeria,it may not be available in every situation. Key practical limitations and conditions must becarefully considered:1. Availability Conditions (Material Facts)As with civil litigation, summary judgment is granted in cases where there isno genuine issue of material fact. Under the AA 2025, a claim or issue will besummarily disposed of only if it does not have any prospect of succeeding. Itmust be apparent that the material facts are not in dispute. Summarydisposal may not be granted where facts are in issue and proving themrequires the tribunal to hear evidence.2. Enforceability Concerns & Fair HearingThe enforceability of an arbitral award may deter the use of summarydisposal in Nigeria. Generally, arbitral tribunals are mandated by law toensure that “each party is given the opportunity of presenting its case”.17This mandate is rooted in the principle of fair hearing, guaranteed by theNigerian constitution,18 to the effect that parties are not to be prevented frompresenting their respective cases.19 Considering that summary disposalobviates the need for trial, a party is more likely to feel denied theopportunity to present its case. And an award may not be enforced if a partywas unable to present its case.20 An arbitral tribunal may rarely summarilydispose of a claim to avoid its award from being challenged.A Case for Summary Disposal Page 4Summary disposal of claims is an important procedural tool in civil litigation in Nigeria. TheArbitration Act 2025 of England, Wales, and Northern Ireland has introduced a provision forthe summary disposal of arbitral claims, enhancing the prospects for efficient arbitrationproceedings within the jurisdiction. The efficiency of Nigerian-seated arbitrations can beimproved by amending Nigeria’s arbitration law, the Arbitration and Mediation Act 2023,and introducing similar provisions. Additionally, arbitration institutions in Nigeria shouldinclude early determination provisions in their respective rules. This will position Nigeria asa regional arbitration hub.ConclusionA Case for Summary Disposal Page 5Endnote 121. For instance, Part 24 of the English Civil Procedure Rules empowers English courts to makesummary judgments. See https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24accessed on August 4, 2025.2. For instance, see Order 13 Rules 5(2), 11 of the High Court of Rivers State (Civil Procedure) Rules2023; Order 11 Rules 5(2), 10 of the High Court of Imo State (Civil Procedure) Rules, 2017.3. Nnabude v G.N.G. (WA) Ltd [2010] 15 NWLR (Pt. 1216) 365, 379 F.4. Gwarzo v Funtua [2018] LPELR-44793 (CA) 9.5. Sakamori Constr. (Nig.) Ltd v L.S.W.C. [2022] 5 NWLR (Pt. 1823) 339, 405-406 H-A.6. Simon Maynard and Caspian Heeler, ‘Summary Disposal in English-seated arbitrations: a potentpower’.https://www.kslaw.com/attachments/000/012/720/original/Summary_disposal_in_Englishseated_arbitrations_a_potent_power.pdf?1744665415 accessed March 3, 2026 (Simon Maynardand Caspian Heeler, ‘Summary Disposal’).7. The reason for this contention is that arbitrators are usually more knowledgeable in the disputearea, allowing them to resolve the issues in dispute more quickly. See Paul OboarenegbeIdornigie, ‘Commercial Arbitration Law and Practice in Nigeria’ (Lawlords Publications 2015) 25.8. Ibid 23 (noting that the arbitration has fallen into the same pitfalls of litigation which it was meantto remedy).9. The report showed that the duration of an arbitration with over 100 million dollars in dispute is 29months. https://www.acerislaw.com/the-duration-ofarbitration/#:~:text=the%20median%20total%20duration%20of,arbitrators%20it%20was%2015.8%20months accessed on March 3, 2026.10. C A Candide-Johnson, SAN, and Olasupo Shasore, SAN, ‘Commercial Arbitration Law andInternational Practice in Nigeria’ (LexisNexis 2012) 9 (noting that ‘most delays occur when a partyor counsel initiates the interference of the court system in the hopes of…gaining a pre-emptiveadvantage’).11. Nnaduaka v Anunobi [2025] 9 NWLR (Pt. 1994) 65, 120-121 F-D (noting at 120 H that “Courts mustinterpret statutes by implication to give effect to the true intention of the law makers”).12. Section 1(5) Arbitration and Mediation Act 2023.13. Section 31 (3) Arbitration and Mediation Act 2023 (arbitral tribunals are conferred with the powersto determine the admissibility, relevance, materiality, and weight of evidence).14. Section 30 (b) Arbitration and Mediation Act 2023.15. London Court of Arbitration (LCIA) Arbitration Rules 2020; Singapore International ArbitrationCentre (SAIC) Arbitration Rules 2025; and Hong Kong International Arbitration Centre (HKIAC)Arbitration Rules 2024. See also the Nigeria Very Young Arbitration Practitioners (Nigeria VYAP)Guidelines on Expedited Arbitration Proceedings 2025. Available on https://lnkd.in/dYCuqFnCaccessed March 3, 2026.16. Article 22.1 (viii) LCIA Arbitration Rules 2020; Article 47 SAIC Arbitration Rules 2025; Article 43HKIAC Arbitration Rules 2024; Article 12 Nigeria VYAP Guidelines on Expedited ArbitrationProceedings.17. Section 30 (a) Arbitration and Mediation Act 2023.18. Section 36 Constitution of the Federal Republic of Nigeria, 1999.19. Tunbi v Opawole [2000] 2 NWLR (Pt. 644) 275.20. Section 58 (2)(a)(iii) of the Arbitration and Mediation Act 2023.A Case for Summary Disposal Page 612AuthorJude T. U. Nnodum, Jnr.Partner, Dispute Resolution& ADRA Case for Summary Disposal Page 7LAGOSKENNA Place8, Ogunyemi Road, Palace Way, OniruPO Box 73002, Victoria Island, LagosENUGU3 Emmanuel Ngwu Street,Old Emene Road, by AC Drug,Thinkers Corner, Enugu.+234 811 395 1052, +234 811 395 [email protected] Floor, Novare CentralPlot 502 Dalaba Street,Wuse Zone 5, FCT 900285, AbujaC O N T A CT U S