LEGAL PRINCIPLE: ARBITRATION LAW – Setting Aside Arbitral Award – Limitation Period – Single Limitation Period Irrespective of Section Invoked
PRINCIPLE STATEMENT
In my view, It would not matter whether an application to set aside an arbitral award by an aggrieved party is made under the provisions of Section 29 or 30 of the Act. The time within which to make such an application under the Act remains at 3 months from the date of the award and it would make no difference that the application was made pursuant to the provisions of section 29 or 30 of the Arbitration and Conciliation Act.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Araka v. Ejeagwu (2000) NLC-511999(SC) at p. 21; Paras A–C.
"In my view, It would not matter whether an application to set aside an arbitral award by an aggrieved party is made under the provisions of Section 29 or 30 of the Act. The time within which to make such an application under the Act remains at 3 months from the date of the award and it would make no difference that the application was made pursuant to the provisions of section 29 or 30 of the Arbitration and Conciliation Act."
EXPLANATION / SCOPE
The three-month limitation period for setting aside an arbitral award applies uniformly regardless of which section of the Act the applicant invokes. Whether the application cites Section 29 (general setting aside) or Section 30 (specific grounds), the same time limit governs. Parties cannot circumvent the limitation period by relabeling their application or invoking different statutory provisions. The substance of the application—seeking to set aside the award—determines the applicable limitation. This ensures consistency and prevents manipulation of procedural rules.