Implementing legislation
Section 87 of the Nigerian Arbitration and Mediation Act 2023 (the “Act”) provides for the enforcement of international settlement agreements under the Singapore Convention on Mediation. The Singapore Convention on Mediation will apply where a party applies for the enforcement of an international mediated settlement agreement (“iMSA”) made in a State other than the Federal Republic of Nigeria. This is provided that the State is a party to the Singapore Convention and there is a difference that arises out of a legal relationship, whether contractual or otherwise, that is considered under the laws of Nigeria. This section is applied without prejudice to sections 81 and 83 of the same Act.
Procedure for Enforcing International Mediated Settlement Agreements
Under section 83 of the Act, a party seeking to rely on a settlement agreement shall provide the Court with the settlement agreement signed by the parties, as well as any of the following – the mediator’s signature on the agreement, a document signed by the mediator confirming that the mediation had occurred, an attestation by the mediation provider that administered the mediation or any other evidence acceptable by the Court. This can also be done electronically so long as the parties and the mediator can be identified, and the method used is reliable and appropriate. The court may also request for a translation of the documents provided if they are not in the official language of the State.