CONSTRUCTION DISPUTE RESOLUTION AFTER THE NIGERIAN ARBITRATION AND MEDIATION ACT 2023: EMERGENCY ARBITRATION, INTERIM MEASURES AND ENFORCEMENT

Abstract

Nigeria’s construction and infrastructure sector is dispute‑dense: large project values, complex interfaces, time pressures and multi‑party delivery structures generate frequent claims for variations, extensions of time, price escalation and termination. Until 2023, dispute resolution practice relied primarily on contract‑based arbitration and court‑controlled supportive measures under a framework widely regarded as dated and vulnerable to delay tactics. The Arbitration and Mediation Act 2023 (AMA 2023) repeals the previous federal statute and introduces innovations that matter directly to construction disputes: mandatory court referral to arbitration on timely request, emergency arbitration, a modern interim‑measures regime (including recognition and enforcement of interim measures), consolidation and joinder, a modernized setting‑aside standard, third‑party funding and a statutory mediation framework with enforceability of settlement agreements. This article explains how these reforms recalibrate risk and strategy across the construction dispute life‑cycle, from drafting and project administration to interim relief, multi‑party proceedings and enforcement while highlighting persistent gaps such as the absence of a dedicated statutory adjudication and security‑of‑payment regime as it postulates that the Act’s practical success depends on judicial attitude, institutional capacity and disciplined clause‑drafting. The article concludes with targeted recommendations for parties, counsel, arbitral institutions and policymakers.