The President of the Nigerian Bar Association (NBA) Afam Osigwe SAN delivered a compelling presentation at the Commonwealth Lawyers Association (CLA) Conference in Malta, addressing the theme “Enforcement Complexities of Arbitral Awards and Sovereign Immunity.” His address offered a national perspective, drawing on Nigeria’s legal experience in international arbitration and state sovereignty.

Focusing on Nigeria’s legal framework, the NBA President highlighted the Arbitration and Conciliation Act, which provides clear provisions for the enforcement of arbitral awards. He explained how these provisions interact with the principle of reciprocity, allowing Nigeria to recognize and enforce awards from countries that offer similar treatment to Nigerian awards — a framework he described as vital for upholding the integrity of international arbitration.

He also discussed Nigeria’s enforcement mechanisms for arbitral awards and foreign judgments, referencing the Foreign Judgments (Reciprocal Enforcement) Act. According to him, this law complements Nigeria’s arbitration regime by offering structured procedures for recognizing and enforcing foreign court decisions, reinforcing Nigeria’s commitment to international dispute resolution standards.

Turning to sovereign immunity, the NBA President noted that it presents significant challenges at two critical stages of arbitration: jurisdiction and execution. While sovereign states may waive immunity by entering into contracts or treaties containing arbitration clauses — particularly in commercial activities — he emphasized that practical enforcement of such waivers remains fraught with complexities.

He further praised the New York Convention for its pivotal role in facilitating cross-border arbitration enforcement, obligating signatory states to recognize and enforce arbitration agreements and awards, subject to limited exceptions.

Citing the controversial Sulu Arbitration Award, the NBA President warned of emerging risks such as forum shopping, third-party funding, and the strategic use of arbitration in politically sensitive disputes. He stressed that cases like these highlight the urgent need to preserve the credibility of international arbitration systems.