LEGAL PRINCIPLE: ARBITRATION LAW – Setting Aside Arbitral Award – Limitation Period – Single Limitation Period Applies to All Applications to Set Aside
PRINCIPLE STATEMENT
I am firmly of the view that the limitation period of three (3) months under s.29 being the only period of limitation prescribed under the Act applies to all aggrieved parties to all arbitral awards whether because of the misconduct by arbitrator or what have you.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Araka v. Ejeagwu (2000) NLC-511999(SC) at pp. 9–10; Paras D–A.
"I am firmly of the view that the limitation period of three (3) months under s.29 being the only period of limitation prescribed under the Act applies to all aggrieved parties to all arbitral awards whether because of the misconduct by arbitrator or what have you."
EXPLANATION / SCOPE
All applications to set aside arbitral awards, regardless of the ground—whether misconduct, jurisdictional error, or any other—must be filed within three months of the award. Section 29 provides the sole limitation period. No distinction exists between applications under Section 29 and Section 30; the same three-month deadline applies uniformly. This promotes finality in arbitration and prevents stale challenges. Parties cannot extend the period by characterizing their application differently. The limitation period is strict; failure to comply renders the application incompetent.