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Maritime Arbitration Must Deliver Beyond Legal Victory, Sanyaolu tells Practitioners

...Calls for faster enforcement of awards, stronger judicial support

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Maritime arbitration must move beyond producing legally sound awards to delivering practical commercial resolutions, former Justice of the Federal High Court, Hon. Justice Emmanuel Oladehinde Sanyaolu (Rtd.), has said.

Maritime Arbitration Must Deliver Beyond Legal Victory, Sanyaolu tells Practitioners
R-L: MAAN Hon. Treasurer, Chief Ben Onwunma; MAAN President, Jean Chiazor Anishere SAN; former Minister of Mines, Mrs Modupe Adelaja; MAAN Hon. Secretary, Mrs Foluke Akinmoladun; and Mr. Bidemi Ademola- Bello, SAN.

Sanyaolu, Chairman of the Advisory Board of the Maritime Arbitrators Association of Nigeria (MAAN), made the call while delivering the keynote address at the 13th edition of MAAN’s Practical Seminar/Workshop at the Regional Centre for International Commercial Arbitration (RCICAL), Lagos.

Speaking on the theme, “From Dispute to Resolution: Practical Strategies for Effective Maritime Arbitration,” he argued that arbitration should be judged not only by the quality of its awards but also by the ability of successful parties to enforce them and recover their entitlements.

He observed that a party could win after lengthy proceedings yet recover nothing because the opposing party had become insolvent, transferred its assets or moved vessels beyond the reach of enforcement authorities. Such situations, he said, expose a fundamental weakness in the process, since an award may conclude arbitration without resolving the commercial problem that brought the parties to the tribunal.

Maritime Arbitration Must Deliver Beyond Legal Victory, Sanyaolu tells Practitioners
Mrs Sola Adegbonmire, Chair Ciarb Nigeria (left), engaging the MAAN President, Jean Chiazor Anishere SAN.

Sanyaolu identified justice, timeliness, enforceability and commercial utility as four critical measures of effective maritime arbitration. He urged arbitrators to balance procedural fairness with efficiency, warning that delays erode the commercial value of awards in a sector where vessels cross jurisdictions, cargo deteriorates and financial obligations keep accumulating.

He also called for stronger collaboration between tribunals and the judiciary, noting that judicial intervention, where legally justified, should support rather than undermine arbitration. He cited the Federal High Court’s September 2026 ruling in AMNI International Petroleum Development Company Limited v Shelf Drilling Victory (SDV) and Others, which referred the substantive dispute to arbitration while preserving the arrest and detention of a drilling rig as security for an eventual award or judgment.

Maritime Arbitration Must Deliver Beyond Legal Victory, Sanyaolu tells PractitionersOn foreign awards, he said uncertainty over enforcement in Nigeria could undermine international confidence in the country’s arbitration framework. Counsel, he added, must begin enforcement planning early rather than concentrate on securing favourable awards. He expressed optimism that Nigeria could emerge as a competitive maritime arbitration hub, but said this would require predictable judicial intervention, efficient enforcement mechanisms and confidence in arbitral institutions.

 

Anishere: Seminar positions Nigeria as Preferred Arbitration Destination

MAAN President, Jean Chiazor Anishere, SAN, in her goodwill message, said the seminar provided an important platform for strengthening professional expertise and positioning Nigeria as a preferred destination for maritime arbitration in Africa and beyond. She described the theme as timely, given the growing complexity of global shipping and commercial transactions.

Maritime Arbitration Must Deliver Beyond Legal Victory, Sanyaolu tells PractitionersShe noted that the edition was particularly significant as MAAN marks its 20th anniversary, and urged participants to translate the knowledge acquired into practical solutions, stronger institutions and greater confidence in Nigeria’s maritime dispute resolution framework.

In his welcome address, the Vice President of MAAN and Chairman of its Training and Ethics Committee, Sir Osuala Nwagbara, set the tone for the two-day programme, which ran from November 11 to 12.

 

Leading Arbitrators, Scholars Take Technical Sessions

The programme brought together some of Nigeria’s most senior arbitration practitioners. Day one featured Mrs. Olufunke Adekoya, SAN, C.Arb., a former Vice President and Court Member of the ICC Court of Arbitration in Paris, who spoke on coping with the issues of independence, impartiality and effective case management in arbitration proceedings. She was followed by maritime law specialist Mr. Chidi Ilogu, SAN, FCIArb, Senior Partner at Foundation Chambers, who addressed key documentation and risk transfer in maritime trade, covering charter parties, bills of lading and marine insurance.

On day two, Prof. Wale Olawoyin, SAN, FCIArb, Professor of Law at the University of Lagos and President of the Lagos Court of Arbitration, examined Nigeria’s potential as Africa’s maritime arbitration hub, focusing on seat, jurisdiction, enforcement and the battle for control of maritime disputes settlement. High Chief (Prof.) Ike Ehiribe, C.Arb., a Chartered Arbitrator and Deputy President of the Arbitral Court of the Nairobi Centre for International Arbitration, closed the technical sessions with a paper on cross-border maritime arbitration and international best practices, including security for costs and the costs regime in London-seated arbitrations.

Each session was followed by a question-and-answer segment moderated by Mrs. Amaka Beverly Onyejianya and Mrs. Foluke Akinmoladun, who also served as MC. The seminar ended with an interactive moot and mock maritime arbitration by the University of Lagos Alternative Dispute Resolution Society, sponsored by MAAN’s pioneer President, Mrs. Adedoyin Rhodes-Vivour, SAN, C.Arb. Mr. Joseph Siyaidon, Vice Chairman of the Training and Ethics Committee, delivered the closing remarks and vote of thanks.

The seminar brought together maritime arbitrators, legal practitioners and industry stakeholders to examine practical strategies for resolving disputes in the shipping and maritime sectors.

 

 

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