The Doctrine of Competence-Competence in the Evolving Landscape of Arbitration
Introduction Arbitration has long been recognized as the preferred dispute resolution mechanism in international commerce. Parties from different legal systems often turn to it because it promises what domestic courts frequently cannot, to wit: speed, procedural flexibility, independence from national biases, amongst others. These attributes have established arbitration as a cornerstone of global commerce, assuring […]
Exploring Surrogacy in Nigeria: A Compassionate Journey to Parenthood
INTRODUCTION In April 2023, the World Health Organization (WHO) reported that infertility has become a global health issue affecting millions of people of reproductive age. The WHO estimates that 1 in 6 people will experience infertility in their lifetime, indicating the urgent need to increase access to affordable, high-quality fertility care. The family being the […]
Challenges of Enforcement of Foreign Arbitral Awards in Nigeria: Addressing the Inconsistencies in the Nigerian Legislations
Arbitration has become an increasingly preferred mechanism for resolving commercial disputes in Nigeria, offering parties a faster and more flexible alternative to litigation. However, the true effectiveness of arbitration lies in the ability to enforce arbitral awards seamlessly. While Nigeria has made significant strides in aligning its legal framework with international best practices, several challenges […]
Third-Party Funding in International Arbitration: Disclosure Obligation as an Antidote to Conflicts of Interest in Third-Party Funding Arrangements.
INTRODUCTION The escalating costs associated with international arbitration have emerged as a significant concern, given their potential to reach exorbitant levels. These increasing costs have transformed into a formidable obstacle for the parties involved, fueling concerns that arbitration may only be accessible to “deep-pocket” entities or individuals, thereby potentially denying meritorious claims access to justice […]
Enforcement of Foreign Arbitral Awards Annulled at the Seat
Introduction Enforcement of arbitral awards against a losing party who refuses to comply voluntarily with the award is consistent with the mutual intention of the parties to resolve their differences through arbitration and be bound by the resulting award. In this respect, judicial assistance ensures the effectiveness of arbitration as a private arrangement supported by […]
DISPUTE RESOLUTION NEWSLETTER – 2025
The year 2024 has been a transformative period in the Nigerian legal landscape – defined by significant judicial pronouncements and pivotal legislative reforms. From landmark judgments redefining the boundaries of constitutional law, fundamental rights enforcement, labour law amongst others, to groundbreaking amendments addressing cybersecurity and financial accountability, both the judiciary and legislature have been instrumental […]
Does Extension of Arbitration Agreements to Non-Signatories Undermine the Principle of Consent as Cornerstone of Arbitration?
INTRODUCTION International arbitration has long been regarded as the cornerstone for resolving disputes between parties engaged in cross-border transactions. A fundamental principle underpinning this mechanism is that arbitration is consensual – a contractual arrangement entered voluntarily to resolve disputes outside the traditional court systems. As frequently expressed in arbitration agreements, consent generally binds only parties […]
The Legal Propriety of Public Officers Owning Shares in Private Businesses or Corporations
The anti-corruption drive of the President Bola Ahmed Tinubu administration has received its first stress test arising from the crisis in the Ministry of Humanitarian Affairs, Disaster Management and Social Development (‘MHADMSC’). The Special Adviser to the President on Media and Publicity, Ajuri Ngelale, recently announced that arising from allegations concerning the alleged misappropriation of N585,000,000 […]
Is the Requirement of a “Cooling-Off” Period in Arbitration a Procedural Matter or a Strict Jurisdictional Issue?
Given the global economic realities, resolution of disputes has become a necessary aspect of commercial negotiations by parties. The outcome of these negotiations would usually culminate in the parties agreeing on the modalities for resolution of their disputes which will inform the fine print of the relevant dispute resolution provisions in their agreement. However, within […]
An Examination of Triple Identity Test in Resolving Fork-In-The-Road Clause Objections
Most often, investors engage in investments activities by establishing or investing in a local company in the host State(s) to enable them participate in large scale projects and take advantage of some economic opportunities in those State(s). By virtue of these investments, there exists a business relationship between an investor and the host State, which […]
