INTRODUCTION

There is no doubt that the insertion of an arbitration clause1 in all sorts of agreements by Nigerian counsel is now commonplace. Whilst this development would be considered as a positive one by majority of arbitration practitioners in Nigeria, it is also clear that this development has necessitated the regular filing of an application for stay of proceedings pending reference to arbitration whenever an action is commenced in court in respect of a contract, which contains an arbitration clause.

Unfortunately for litigators and litigants in Nigeria, the Court of Appeal, has, with respect, not been consistent 2 in its judgments with regards to the principles, which ought to guide the court when considering an application for an order for stay of proceedings pending arbitration.