INTERIM MEASURES OF PROTECTION UNDER THE ARBITRATION AND MEDIATION ACT 2023: AN OVERVIEW

Abstract

It is a general practice embedded in our Laws, Rules and Practices, that there is need to preserve the Res or the property in dispute, even under Civil Litigation; although a lot of jurists in our clime are often not disposed to granting interim applications, especially such that has to do with the protection of the property or the Res. The Arbitration and Conciliation Act, CAP A18 LFN 2004 (Which is now defunct), did not provide a clear framework for the enforcement of interim measures and Preliminary Orders. However, the Arbitration and Mediation Act 2023, provides a clear framework for the grant and enforcement of interim measures and preliminary orders, to be made without the notice to the other party. This paper shall examine the powers inherent in the Arbitral Tribunal with respect to interim measures and protection, under the Arbitration and mediation Act 2023. It is noteworthy to state that there is often the need for interim measure of protection and Preliminary Orders in commercial Arbitration.