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When conducting Arbitral proceedings, certain circumstances arise that may require either party to seek interim relief or measures of protection to secure a party’s or both parties’ interests and to prevent the other party from engaging in acts that may frustrate the successful outcome of the Arbitration. In other words, either party may be restrained or compelled to do certain acts to preserve the subject matter of the arbitration or aid the success of the arbitration.
Interim measures are like the emergency brakes of arbitration; they are fast, temporary protections designed to keep the situation from going off the rails. Whether it’s preserving the status quo, securing assets, or safeguarding evidence, these measures ensure that the final arbitral Award does not arrive just in time to be completely useless. These may include actions that maintain the status quo, preserve assets, prevent harm to the arbitral process, or safeguard evidence.
In both Nigeria and the United Kingdom (UK), the ability to obtain and enforce interim reliefs has evolved significantly through statutory reforms and judicial interpretation. This Article offers a comparative analysis of the judicial and statutory frameworks governing interim measures in these two jurisdictions, focusing on the UK and Nigeria’s legal regimes and their recent reforms under the Nigeria’s Arbitration and Mediation Act 2023 and the UK Arbitration Act 1996 (as amended in 2024–2025). These legal regimes highlight how both systems approach the role of courts, Arbitrators, and emergency relief mechanisms within the arbitral process.
SCOPE OF INTERIM MEASURES
Interim measures in arbitration are provisional reliefs granted to protect the subject matter of the dispute, prevent irreparable harm, secure assets, or preserve evidence. These may include orders maintaining or restoring the status quo, preventing the dissipation of assets, preserving relevant evidence, or ensuring that the arbitral process is not frustrated. They may be issued by Courts, Arbitral Tribunals, or emergency Arbitrators
STATUTORY FRAMEWORK – Nigeria
In 2023, Nigeria adopted the Arbitration and Mediation Act (AMA) 2023, replacing the Arbitration and Conciliation Act 1988. This new legislation aligns closely with the UNCITRAL Model Law.
Section 19 of the AMA 2023 empowers courts to grant interim measures of protection in both domestic and international arbitration, whether seated in Nigeria or elsewhere[1], while section 20 of the AMA 2023 vests Arbitral Tribunals with the power to grant interim measures similar to those recognized under the UNCITRAL Model Law, including asset preservation, status quo orders, and evidence protection.[2]
Sections 28–29 of the AMA 2023 govern the recognition and enforcement of interim measures, outlining grounds for refusal[3] while the AMA 2023 formally introduces provisions for emergency Arbitrators, a notable shift from the 1988 Act.[4]
UNITED KINGDOM
The Arbitration Act 1996, and its recent 2024–2025 amendments, govern arbitration in England, Wales, and Northern Ireland. Section 44 empowers courts to grant interim measures such as freezing orders, preservation of evidence, and injunctions in support of arbitration.[5] Section 38 provides Arbitral Tribunals with the authority to make provisional orders[6] while section 42 enables the enforcement of peremptory orders of Arbitral Tribunals.[7] Reforms in 2024–2025 clarify the enforceability of emergency Arbitrator orders and expand the scope of court support.[8]
Comparison: While Nigeria’s 2023 Act has brought it closer to international standards, the UK framework benefits from nearly three decades of judicial interpretation, giving it predictability and commercial reliability.
JUDICIAL SUPPORT
Nigeria
Under the Arbitration and Mediation Act (AMA) 2023, Nigerian courts can support arbitration by issuing interim measures even where the Arbitral Tribunal is not yet constituted. The statute requires the court to issue such orders within 15 days of an application for provisional measures.[9]
Previously, Nigerian courts were reluctant to grant such relief, especially in foreign-seated arbitrations, due to the absence of express statutory provisions.[10]The AMA 2023 resolves these limitations by aligning with international standards.
United Kingdom
UK courts have a long-standing supportive role under section 44 of the Arbitration Act 1996. This includes: Granting relief in urgent cases without Tribunal involvement (e.g., Mareva injunctions), supporting arbitrations where Tribunals lack power or are unable to act promptly, and requiring party agreement or Tribunal consent in non-urgent cases. UK courts are also proactive in granting anti-suit injunctions to protect arbitration agreements.[11]
Comparison: Both jurisdictions uphold the principle of judicial support, but UK courts deliver faster, more predictable relief. Nigeria’s statutory authority is sound, but judicial inefficiency undermines its effectiveness.
TRIBUNAL POWERS AND EMERGENCY ARBITRATORS
Nigeria
Tribunals are now statutorily empowered to grant interim measures under section 20 of the Arbitration and Mediation Act 2023(AMA). The Act also allows Tribunals to issue preliminary orders on an ex parte basis, subject to conditions.[12]
Emergency Arbitrators are formally recognized. Parties may apply for an emergency Arbitrator before the Tribunal is constituted, and their orders are enforceable under Nigerian law.[13]
United Kingdom
The Tribunal powers under section 38 include orders for security for costs, evidence preservation, and interim relief. While the 1996 Act did not originally mention emergency Arbitrators, their use has been supported under institutional rules (e.g., ICC, LCIA). The 2025 reforms explicitly clarify the enforceability of emergency arbitrator decisions.[14]
Comparison: The Arbitration and Mediation Act, 2023(AMA) gives formal recognition with binding effect for emergency Arbitrators in Nigeria, while it is only recognized via rules and now clarified by statute, the UK Arbitration Act 1966, and reforms.
ENFORCEMENT
Nigeria
Interim measures granted by Tribunals or emergency Arbitrators are binding and enforceable under sections 28–29 Arbitration and Mediation Act 2023. Courts may refuse enforcement only on grounds similar to those for refusing recognition of Awards, such as: Lack of jurisdiction, Violation of public policy, Non-compliance with conditions like security.[15]
United Kingdom
Interim Awards or orders issued during arbitration proceedings are enforceable in the UK under specific statutory provisions, and these include:
Section 42 of the Arbitration Act 1996, which allows courts to enforce peremptory orders issued by the Arbitral Tribunal;
Section 66 of the Arbitration Act 199,6, which provides for the enforcement of Arbitral Awards, including interim Awards that meet the necessary criteria;
Also, Emergency Arbitrator decisions are enforceable under recent legislative reforms, reflecting the growing recognition of emergency relief mechanisms.[16]
UK courts maintain discretion when it comes to enforcement and will assess factors such as the urgency of the relief sought and the substantive nature of the interim measure. However, it is important to note that not all procedural orders are enforceable; only those that qualify as an “award” may be subject to enforcement mechanisms.[17]
CONCLUSION
Nigeria’s Arbitration and Mediation Act (AMA) 2023 represents a significant step toward harmonization with international arbitration standards. Its provisions on interim measures align closely with the UK’s Arbitration Act and the UNCITRAL Model Law. However, statutory reform alone is insufficient. Nigeria must improve judicial efficiency and cultivate consistent case law to inspire confidence among users of arbitration. The UK demonstrates how legislative clarity, combined with a responsive judiciary, ensures that interim measures safeguard the arbitral process. For Nigeria, the legislative foundation has been laid; the challenge remains in building practical reliability.
[1] Arbitration and Mediation Act 2023,s 19.
[2] Arbitration and Mediation Act 2023,s 20.
[3] Arbitration and Mediation Act 2023,s 28-29.
[4] Nigeria replaces 35-yearold arbitration legislation’(Africa Law &Business, 31 May2023) https://www.africanlawbusiness.com/news/19298-nigeria-replaces-35-year-old-arbitration-legislation accessed 26 September 2025.
[5] Arbitration Act 1996 (UK), S 44.
[6] Arbitration Act 1996 (UK), S 38.
[7] Arbitration Act 1996 (UK), S 42.
[8] English Arbitration Act 2025:Key Reforms’(Aceris Law, 2024) https://www.acerislaw.com/english-arbitration-act-2025-key-reforms/ accessed 26 September 2025.
[9] Arbitration Act 2023, s 19
[10] NV Scheep v MV S Araz (2000)15 NWLR (pt 691) 622.
[11] UniCreditBank Bank Ag v RusChemAllianceLLC(2023)UKSC20
[12] Arbitration and Mediation Act 2023, s 23.
[13] Arbitration and Mediation Act 2023, s 21.
[14] Aceris Law (8).
[15] Arbitration and Mediation Act 2023, s 29(1).
[16] Arbitration and Mediation Act 2023, s 66.
[17] C v D (2007) EWCA Civ 1282
Written by Oluwasileola Akinsete for The Trusted Advisors
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