Comparative Analysis: Belgian and Nigerian Courts on Admission of Third Party Challenge Against Arbitral Awards
On 5 June 2017, I attended a conference in Nairobi on the development of arbitration in Africa. On this occasion, Mr Seyilayo Ojo (Senior Partner at S. O. & C. Legal in Lagos, Nigeria), who participated in a panel on the topic of “Arbitration as a Catalyst for Economic Growth on the Continent“, mentioned the so-called “FIRS” judgment rendered a couple of years ago by a Nigerian court which allowed a third party to challenge an arbitration award*.
This issue has been a hot topic for Belgian practitioners after the Belgian Constitutional Court also recently ruled that third parties should be entitled to lodge third party opposition (tierce opposition) against arbitral awards (we previously discussed this decision on this blog on 7 March 2017 and 28 March 2017). I therefore thought that it would be interesting to draw a comparative analysis between the judgment rendered by the Nigerian court and the judgment rendered by the Belgian Constitutional Court.READ MORE