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

Abstract

It is a general practice embedded in our Laws, Rules andPractices, that there is need to preserve the Res or theproperty in dispute, even under Civil Litigation; although alot of jurists in our clime are often not disposed to grantinginterim applications, especially such that has to do with theprotection of the property or the Res. The Arbitration andConciliation Act, CAP A18 LFN 2004 (Which is nowdefunct), did not provide a clear framework for theenforcement of interim measures and Preliminary Orders.However, the Arbitration and Mediation Act 2023, providesa clear framework for the grant and enforcement of interimmeasures and preliminary orders, to be made without thenotice to the other party. This paper shall examine thepowers inherent in the Arbitral Tribunal with respect tointerim measures and protection, under the Arbitration andmediation Act 2023. It is noteworthy to state that there isoften the need for interim measure of protection andPreliminary Orders in commercial Arbitration.