How to Obtain Urgent (interim) Relief in Arbitration in Nigeria: Step-by-step Guide (2026 Updates)

When assets are being dissipated, evidence is at risk of destruction, or the outcome of a pending arbitration is about to be frustrated, knowing how to obtain interim relief in arbitration in Nigeria is a critical skill for every disputes practitioner. The Arbitration and Mediation Act 2023 (AMA 2023) introduced a modern statutory framework that, for the first time in Nigerian law, expressly recognises emergency arbitration alongside tribunal-ordered and court-ordered interim measures. In 2026, the rollout of the National Arbitration Policy 2024–2028 and new Federal High Court practice directions have reshaped how these routes interact in practice, making route-selection and filing tactics more consequential than ever.

This guide sets out the complete procedure, eligibility tests, step-by-step filing instructions, required documents, realistic timelines and costs, so that in-house counsel, general counsel and commercial litigators can act decisively at the moment urgency demands it.

Overview of Interim Relief in Arbitration in Nigeria and Who It Applies To

Interim (or urgent) relief in arbitration refers to temporary protective measures designed to preserve the status quo, prevent irreparable harm, or safeguard assets and evidence while a dispute is resolved on its merits. In Nigeria, such relief can take multiple forms, freezing (Mareva) orders, injunctions, the appointment of a receiver, orders for the preservation or inspection of property, and security for costs, depending on the nature of the threat and the stage of proceedings.

Under the AMA 2023, three distinct routes to interim relief are available. First, the arbitral tribunal itself may order interim measures once it has been constituted. Second, a party may apply to an emergency arbitrator appointed under the rules of the administering institution, a mechanism now expressly recognised by the Act. Third, a party may apply directly to a competent court for interim relief, either before the tribunal is constituted or in circumstances where the tribunal cannot act effectively. This power is preserved under the Act and remains exercisable by the Federal High Court and State High Courts.

Arbitration awards, including orders on interim measures, are enforceable in Nigeria. The AMA 2023 provides a dedicated enforcement regime, and Nigeria is a party to the New York Convention, which facilitates recognition and enforcement of foreign arbitral awards. For a broader perspective on the role of arbitration in resolving disputes in Nigeria, readers can consult our companion guide.

Statutory Anchors Under the Arbitration and Mediation Act 2023

The AMA 2023 allocates interim-relief powers across several key provisions. The tribunal’s power to grant interim measures is set out in the Act’s dedicated provisions on interim measures of protection, which empower the tribunal to order any party to take specified action to preserve assets, maintain the status quo, or prevent harm. The emergency arbitrator regime is separately provided for, giving parties recourse to a sole arbitrator appointed on an expedited basis before the full tribunal is constituted. The Act also expressly preserves the court’s power to grant interim measures in aid of arbitration, a codification of the prior position under Nigerian law, ensuring that a court application does not amount to a waiver of the arbitration agreement.

Eligibility and Prerequisites for Interim Relief in Arbitration Nigeria

Any party to a valid arbitration agreement may apply for interim relief. The applicant need not be the claimant in the underlying arbitration, respondents and counterclaimants may equally seek protective measures. Where third-party funding is in place, disclosure may be required under the applicable institutional rules, but it does not of itself disqualify an application.

To succeed, the applicant must generally satisfy the following threshold tests:

• Prima facie case. The applicant must demonstrate a credible claim or defence on the merits, not proof to the standard of a final hearing, but enough to show that the case is neither frivolous nor vexatious.
• Urgency. There must be a real and immediate risk that delay will cause harm that cannot be adequately remedied at the final-award stage.
• Irreparable harm / risk of frustration. The harm threatened must be of a kind that damages alone cannot repair, for example, the dissipation or removal of assets from the jurisdiction.
• Balance of convenience. The tribunal or court must weigh the potential prejudice to both sides and conclude that granting relief causes less overall harm than refusing it.

Seat and venue matter. Where the arbitration is seated in Nigeria, Nigerian courts have clear jurisdiction to support the arbitral process with court interim measures. Where the seat is foreign, Nigerian courts may still grant interim relief over assets or persons within Nigeria, though enforcement considerations become more complex.

When to Prefer Court Relief vs Emergency Arbitration

The court route is typically preferred when the arbitral tribunal has not yet been constituted and the arbitration agreement does not provide for emergency arbitration, or when the measure sought requires coercive state power (such as a freezing order directed at a bank). Emergency arbitration is preferred where the institutional rules permit it and the parties need a decision from within the arbitral framework, often because a court application risks delay, publicity, or jurisdictional objections. In practice, many applicants pursue both routes simultaneously to maximise protection.

Step-by-Step Procedure to Obtain Interim Relief in Arbitration Nigeria

The procedure for obtaining urgent interim relief follows two parallel tracks, depending on whether the applicant elects the institutional/emergency arbitrator route or the court route. Many of the preparatory steps overlap. The table below summarises the process before the detailed sub-steps that follow.

Step 1, Assess Urgency and Select the Appropriate Route

The first action is to evaluate the nature and imminence of the threat. If assets are being moved offshore or evidence is at risk of destruction, time is the dominant factor. Review the arbitration clause: does it incorporate institutional rules that provide for emergency arbitration? If so, and if the tribunal has not yet been constituted, the emergency arbitrator route is likely faster and more integrated with the arbitral process. If no emergency arbitrator mechanism exists, or if the relief requires the coercive power of the state (for example, a freezing order binding on third-party banks), apply to the Federal High Court or the relevant State High Court.

In many urgent situations, a dual-track approach, filing simultaneously at the institution and at court, is the most protective strategy.

Step 2, Prepare the Core Application Packet

Regardless of the route chosen, the application packet must be assembled with precision and speed. The central document is the affidavit-in-support, sworn by the applicant or a person with direct knowledge of the facts. This affidavit must set out: the nature of the underlying dispute; the arbitration agreement and its terms; the specific interim relief sought (with proposed wording for the order); the facts giving rise to urgency; the risk of irreparable harm if relief is not granted; and the balance-of-convenience analysis.

For freezing order applications, the draft order must follow Mareva-style wording, specifying the assets to be frozen, the maximum value, and any carve-outs for ordinary living or business expenses. All documentary evidence, bank records, contracts, correspondence, forensic schedules, should be exhibited and numbered sequentially. A corporate applicant must attach a board resolution authorising the application, and all parties’ identity/KYC documents should be ready, particularly where the relief targets beneficial owners.

Step 3, File and Serve the Application

Emergency arbitration route: File the application with the administering institution (for example, the ICC, LCIA, Lagos Court of Arbitration, or the Regional Centre for International Commercial Arbitration) using the institution’s prescribed emergency arbitration request form. Pay the required filing and administrative fees. The institution will appoint the emergency arbitrator, typically within 24–72 hours of receipt of a complete application. Serve the application on the respondent in accordance with the institutional rules, most rules require simultaneous service.

Court route: File the motion on notice (or an ex parte motion, if justified by the urgency) at the registry of the Federal High Court or the appropriate State High Court. Attach the affidavit-in-support, all exhibits, the draft order, and proof of the arbitration agreement. Pay the applicable court filing fees and process-service fees. Serve the respondent as directed by the rules, an urgent injunction application in Nigeria may be heard ex parte, but the court will ordinarily require an inter partes return date within days. Increasingly, courts accept electronic filing and service, but confirm the position at the relevant registry before filing.

Step 4, Attend the Hearing and Present Evidence

At the hearing, whether before the emergency arbitrator or the court, the applicant must present oral and documentary evidence in support of the threshold tests. For an ex parte court hearing, the duty of full and frank disclosure is paramount: the applicant must bring to the attention of the court any facts that could weigh against the application, including any defence the respondent is likely to raise. Failure to make full disclosure is a recognised ground for the order to be discharged.

Emergency arbitrators typically conduct proceedings on an expedited documentary basis, with limited or no oral hearing, and issue a determination commonly within 14 days of appointment. Courts hearing urgent injunction applications in Nigeria will often schedule hearings within the same day to 7 days of filing, depending on the court’s calendar and the practice directions in force.

The tribunal or court may impose conditions, most commonly, a requirement that the applicant provide security for damages (an undertaking as to damages) or security for costs. Counsel should advise the client on the quantum and form of such security before the hearing.

Step 5, Post-Order Steps: Enforcement, Conversion and Ongoing Compliance

Once an interim order is made, the applicant must act immediately. An emergency arbitrator’s order may need to be converted into a court order for effective enforcement, particularly where it binds third parties (such as banks or custodians). File the order with the court for recognition and enforcement, attaching the original order, the arbitration agreement, and evidence of due service.

Monitor compliance continuously. If the respondent breaches the interim order, apply to the court for contempt proceedings or to the tribunal for further directions. Interim relief is temporary: the applicant must apply to extend or convert the relief into a final order or award before its expiry. Track every deadline imposed by the order, missed deadlines can result in the automatic lapse of protection.

For detailed guidance on the hearing process, see our guide on preparation for and conduct of the arbitration hearings.

Required Documents and Information for Interim Relief in Arbitration Nigeria

The documents needed for an urgent interim relief application must be assembled before filing. Incomplete or poorly organised bundles are among the most common causes of delay and refusal. The following checklist covers both the court and emergency arbitration routes.

Sample Affidavit Skeleton for Urgent Applications

A well-structured affidavit-in-support for interim relief should follow this general skeleton:

• Title and parties. Full names, addresses, and capacities of the applicant and respondent. Reference to the arbitration agreement.
• Background facts. Concise chronology of the dispute, the relevant contractual provisions, and the events giving rise to the claim.
• Urgency and risk. Specific facts demonstrating the immediacy of the threat, evidence of asset dissipation, planned removal of property from the jurisdiction, risk of document destruction, or any other time-sensitive event.
• Irreparable harm. Explain why damages at the final-award stage would be inadequate, include valuations and financial analysis where possible.
• Balance of convenience. Set out why the harm to the applicant from refusal outweighs any prejudice to the respondent from grant.
• Relief sought. State the precise orders requested, cross-referencing the attached draft order. For freezing orders, specify assets, monetary ceilings, and any exceptions.
• Full and frank disclosure (if ex parte). Disclose all material facts, including any points that could weigh against the application.
• Verification. Sworn or affirmed under oath, with the commissioner’s or notary’s attestation.

Timeline and Key Deadlines for Interim Relief in Arbitration Nigeria

Speed is the defining feature of any application for interim relief. The table below consolidates the key milestones, the actions required at each stage, and the typical timescales that apply in practice under the AMA 2023 framework and current court practice directions.

Nigeria’s position among the top countries for international arbitration and dispute resolution reflects improvements in these procedural timelines and the growing sophistication of institutional infrastructure.

Costs, Fees and Tax Considerations for Interim Relief in Arbitration Nigeria

The cost of obtaining interim relief varies significantly based on the route selected, the complexity of the application, the institution involved, and the amount in dispute. The following table provides realistic cost bands drawn from institutional fee schedules and practitioner experience.

Where fees are payable to foreign-based arbitrators or foreign counsel, Nigerian withholding tax rules may apply to cross-border payments. In-house teams should confirm the applicable withholding tax rate and any treaty-based exemptions before remitting fees, as non-compliance can create secondary liability for the paying party.

What Changes in 2026: Interim Relief and Expedited Arbitration 2026 Policy Updates

Two developments in 2026 have meaningfully altered the landscape for parties seeking court interim measures in Nigeria and emergency arbitration in Nigeria.

National Arbitration Policy 2024–2028, 2026 implementation phase. The Federal Government’s National Policy on Arbitration and Alternative Dispute Resolution, covering the period 2024–2028, entered its active implementation phase in 2026. The policy encourages the use of arbitration as the primary mechanism for commercial dispute resolution, signals government support for institutional arbitration infrastructure, and promotes Nigeria as a seat for international arbitration. The likely practical effect for interim relief applicants will be greater institutional readiness, more institutions offering emergency arbitrator services, faster appointment processes, and a growing pool of qualified emergency arbitrators.

Federal High Court practice directions. Recent Federal High Court practice directions issued in 2026 have increased the court’s focus on expedited hearing of applications arising from arbitration proceedings. Early indications suggest that the court is scheduling urgent arbitration-related applications more rapidly, sometimes within the same sitting day, and requiring more detailed sworn evidence of urgency at the point of filing. In a notable example from early 2026, the Federal High Court moved swiftly to restore the status quo and suspend an interim administrator pending the resolution of an underlying arbitral dispute, underscoring the court’s willingness to intervene decisively in support of arbitral processes.

Tactical Checklist for 2026

• Strengthen the urgency narrative. Include additional sworn evidence of urgency, contemporaneous correspondence, transaction records with timestamps, and forensic analysis, to meet the court’s heightened evidentiary expectations.
• Confirm institutional capacity. Before selecting the emergency arbitrator route, confirm that the chosen institution has an operational emergency arbitrator panel and can appoint within 24–72 hours.
• Prepare for expedited hearing. Court practice directions now favour rapid scheduling; have all documents and counsel ready for a hearing as early as the day of filing.
• Cite the National Arbitration Policy. Where appropriate, reference the policy in submissions to reinforce the court’s pro-arbitration posture and encourage supportive intervention.
• Dual-track strategy. Industry observers expect more applicants to file simultaneously at court and at the institution, given the improved speed of both routes in 2026.

Common Pitfalls in Interim Relief Applications and How to Avoid Them

• Insufficient urgency evidence in the affidavit. The most frequent ground for refusal is a bare assertion of urgency without specific factual support. Avoid this by including contemporaneous documents, bank alerts, removal notices, shipping records, that demonstrate an imminent threat rather than a speculative one.
• Failure to make full and frank disclosure (ex parte applications). Applicants have a duty to disclose all material facts to the court, including facts unfavourable to their position. Suppression of material information is a ground for the order to be discharged, potentially with costs. Prepare a disclosure schedule and review it with senior counsel before filing.
• Imprecise draft order wording. A freezing order that does not specify assets, monetary ceilings, or carve-outs for ordinary expenses is vulnerable to challenge. Use Mareva-standard precedent wording adapted to the specific facts and jurisdiction.
• Wrong route selection. Applying to an emergency arbitrator when the arbitration clause does not provide for it, or applying to court when the institutional rules require exhaustion of the emergency arbitrator process first, wastes time and money. Analyse the arbitration clause before filing.
• Incomplete exhibits and missing corporate authorisation. Courts and arbitrators will not accept an application without a proper board resolution (for corporate applicants) or with unnumbered or unsworn exhibits. Use a pre-filing checklist, see the documents table above, and have a second counsel verify completeness before submission.
• Failing to enforce promptly. An interim order has no effect if it is not served and enforced. Some practitioners obtain the order and then delay service. Act immediately: serve the order on the respondent, any relevant third parties (banks, custodians), and commence enforcement proceedings on the same day if possible.
• Ignoring grounds for refusal. The grounds for refusal to enforce arbitral awards and interim orders, including public policy, invalid arbitration agreement, jurisdictional defects, and breach of natural justice, apply equally to interim relief. Address potential grounds for challenge proactively in submissions.

For additional insight into enforcing orders through specialised forums, see our article on enforcing intellectual property rights in Nigeria through arbitration and specialised courts.

Sources

1. Nigeria, Arbitration and Mediation Act, 2023 (JusMundi)
2. Arbitration and Mediation Act 2023, Official Consolidated Text (Lawyard)
3. LexisNexis, Interim Remedies in Arbitration in Nigeria
4. Mondaq, Salient Provisions of the Arbitration and Mediation Act 2023
5. National Policy on Arbitration and Alternative Dispute Resolution 2024–2028 (Nigerian Bar Association)
6. Federal High Court Restores Status Quo, Interim Administrator Suspended (National Law Review, 2026)
7. IBA, The Nigerian Arbitration and Mediation Act 2023
8. Emergency Arbitration, A Critical Examination of the New Regime Under the Nigerian AMA 2023 (ResearchGate)