Publications

Arbitration is an alternative dispute resolution method often commenced by express agreement of parties in a dispute.Arbitration has become an increasingly preferred method of settling commercial disputes and thought to haveadvantages over the traditional litigation. However, a problem could emerge where one party to the arbitration isunwilling to comply with the terms of the award. In this case a successful party is left with no option than to use theenforcement machinery of the courts. This paper adopts the doctrinal approach in discussing the issues with theprocedure provided for in the various rules of courts for recognition and enforcement of arbitral awards. It alsoidentifies the challenges inherent in the recognition and enforcement of arbitral awards. The paper identifies otherenforcement machineries outside the courts and concludes that arbitration, if not properly managed may ultimatelycause delay in enforcement and become a time wasting method therefore defeating the very essence of opting forarbitration instead of litigation.