LEGAL PRINCIPLE: ARBITRATION LAW — Arbitral Awards — Status of Award — Award Has Force and Effect as Judgment Without Conversion by Court
PRINCIPLE STATEMENT
An arbitrator's award under the Arbitration and Conciliation Act, when filed in court, has the force and effect as a judgment for all purposes without any act of conversion by the court.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Ras Palgazi Construction Company Limited v. FCDA (2001) NLC-4596(SC) at pp. 8–9; Paras D–E.
"An arbitrator's award under the provisions of section 4(2) of the Act when filed in court should for all purposes have the force and effect as a judgment. Order 22 rule 13 of the Abuja High Court (Civil Procedure) Rules 1985 provides: '13. If no application is made to set aside the award or to remit it or any of the matters referred for reconsideration or if the court shall have refused any such application, either party may file the award in court, and the award shall thereupon have the same force and effect for all purposes as a judgment.'"
EXPLANATION / SCOPE
An arbitral award automatically acquires the force and effect of a court judgment upon filing, without any judicial act of conversion. The court does not need to “make” the award its judgment. The award stands on its own as a binding determination. The parties can enforce the award as they would a judgment. The principle promotes arbitration as an effective dispute resolution mechanism. The court’s role is limited to recognition and enforcement. The award cannot be relitigated on the merits. The losing party must challenge the award within the prescribed time or be bound. The rule gives arbitral awards the same finality as court judgments.