INTRODUCTION

The parties executed a contract that has an arbitration agreement to resolve any dispute between same. During the arbitral proceedings, the Arbitral Tribunal issued Procedural Order 5 which allowed all the Respondent’s document requests and directed the Applicant to produce all the documents requested by the Respondent. However, the Arbitral Tribunal issued Procedural Order 8 and declined to allow the Applicant to request for the Respondent to produce the documents save for the PRMS Maintenance Schedule.

The Applicant was of the view that the documents were germane for the just and effectual determination of its claim pursuant to which it applied to set aside Procedural Order 8 in accordance with the provisions of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) “1999 Constitution”, Arbitration and Mediation Act 2023 “AMA” and the Federal High Court (Civil Procedure) Rules 2019 “FHC Rules”.

What position did the Nigerian court take to resolve this issue?

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