After Labor Matters Arbitration, What Next?
By Mujahid Muhammad Musa
After you’ve successfully represented a company or a client in an Arbitral proceedings, incidental to labor matters, the next thing to do after the award is given (if it’s in your favor) if there’s no provision for the Award Review Tribunal (ART) in your Dispute Resolution Clause, the next thing to do is to approach a court to enforce the award as a consent judgement. Then what procedure are you going to implore for the Enforcement of such an Arbitral Award?
Let’s reminisce the case of AMALGAMATED UNION OF PUBLIC CORPORATIONS, CIVIL SERVICE TECHNICAL AND RECREATIONAL SERVICES EMPLOYEES (AUPCTRE) v. ANAMBRA STATE GOVERNMENT & ANOR (2018) JELR 87501 (NICN):
The proper mode for the Enforcement of Arbitral Award depends on the rules of procedure of various courts.
In the National Industrial Court of Nigeria (NICN), the NICN (Civil Procedure Rules 2017) espoused with this landmark case, the proper mode is by seeking the leave of the court (first) by way of motion ex-parte, when the leave is sought and granted, then you go by way of motion (application).
In the instant case, a Preliminary Objection was raised challenging the competence of the processes. The applicant alleged that the action ought to commence by way of Originating Summons instead of Application by way of motion, taking into cognizance Order 3 Rule 3 of the NICN (Civil Procedure Rules 2017). The Applicant contended that assuming without conceding that the action ought to be brought by way of motion, then leave of the court ought to be sought and granted (first).
On the other hand, the argument of the respondent is to the effect that the enforcement of the award ought to commence by way of application which they rightly did.
The ruling of the court was given partly for the respondent to the extent that the court aligned itself with line of contention of the respondent that by the community reading of Order 17 Rule 3 and Order 47 Rule 29(2) of the NICN (Civil Procedure Rules 2017), an action for the enforcement of an arbitral award should commence by way of motion and leave must be sought (first) by way of motion ex-parte. The fact that the respondent didn’t seek the leave of the court is not just a mere irregularity that can be dispensed with and the action was consequently struck out.
About the Author
Mujahid Muhammad Musa is a Neutral of the Nigerian Chambers of Commerce Dispute Resolution Center (NCC-DRC), Member of the Institute of ADR Registrars, Abuja and also a law finalist. He can be reach via: mujahidmuhammadmusa@gmail.com or +234(0)9030834295
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