ALTERNATIVE DISPUTE RESOLUTION LAW CASES

A.T. AND E. CO. LTD. V. FEDERAL MILITARY GOVT.

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Applicable principles

AFRICAN INSURANCE  DEVELOPMENT CORPORATION V. NIGERIA LNG LIMITED

ALTERNATIVE DISPUTE RESOLUTION – ADMINISTRATION OF JUSTICE; Courts and Arbitration – How treated

AGU V. IKEWEBE

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Customary arbitration – Meaning of and recognition under Nigerian legal system – Whether operation ousted by Section (6) (5) of the Constitution – Whether only form allowed in Nigeria is to the extent and manner permitted under the Arbitration Act

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:-Distinction between statutory arbitration and customary law arbitration – Common elements – Legal basis of all arbitrations – Whether outcome of arbitration has the same authority as the judgment of a judicial body – Whether will be binding on the parties and thus create an estoppels

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION AND NEGOTIATION:- Distinction between a binding arbitration and a negotiation for settlement – Relevant considerations

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Customary arbitration – Proof of voluntarily submission – Where party is shown to have been summoned to participate in proceedings – Whether antithetical to voluntary submission which is of the very essence of a valid arbitration agreement

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Arbitral proceedings – Distinction between an arbitrator and a court – Summonses – Whether an arbitrator does not have inherent or statutory power of issuing summonses like a court

AGUDORO EKPE  V. BEN OKE

ALTERNATIVE DISPUTE RESOLUTION – ARBITRAL AWARDS:- Application to set same aside – How treated

AKPAN  V. UMANA

ALTERNATIVE DISPUTE RESOLUTION – CUSTOMARY ARBITRATION:- Applicable principles

ALHAJI ABDULLAHI ATANDA KOLAWOLE V. ALHAJI SALAMI ADISA OLORI

ARBITRATION:– Commencement – Notice requiring appointment of arbitrator – Letter stating that claimant had appointed arbitrator – Whether letter effective to commence arbitration proceedings – Whether necessary for claimant to expressly call on respondent to appoint arbitrator in order to commence arbitration – Hague Rules, art III, r 6.

ALLIED MARINE TRANSPORT LTD V. VALE DO RIO DOCE NAVEGACAO SA

ARBITRATION:- Customary arbitration – Meaning and nature of – Decision thereon – Bindingness of Conditions precedent thereto

ARBITRATION – Customary arbitration – Provisions of the Arbitration and Reconciliation Art – Whether apply thereto.

ARBITRATION – Customary arbitration – Submission to by party – Whether can ground plea of estoppel.

ARIZE V. NIGERIAN NATIONAL PETROLEUM CORPORATION

ALTERNATIVE DISPUTE RESOLUTION – ACCOUNT: – Reference to referee – Qualified accountant better suited as re­feree than a Registrar.

BAGGS V. LONDON GRAVING DOCK COMPANY, LIMITED.

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION: Arbitral Awards – Proper treatment of

BAKER MARINE NIGERIA LTD V. DANOS AND CUROLE MARINA CONTRACTORS INC.

ARBITRATION:– Misconduct by arbitrator – meaning of

ARBITRATION:– Claim – Assignment of claim – Effect of assignment – Whether assignee becoming party to arbitration – Whether assignee must give notice to other side and submit to jurisdiction of arbitrator – Whether award a nullity if assignee fails to give notice to other side and submit to jurisdiction of arbitrator.

BEAUFORT DEVELOPMENTS (NI) LTD V. GILBERT-ASH NI LTD AND ANOTHER

ALTERNATIVE DISPUTE RESOLUTION – ADMINISTRATION OF JUSTICE; Arbitration: CIVIL PROCEDURE:- Stay of court proceedings – Grant of stay – Building contract – Employer claiming damages against contractor and architects for breach of contract and negligence – Building contract providing for disputes to be referred to arbitration – Arbitrator having power to open up, review and revise architects’ certificates and opinions – Whether court having similar power – Whether court proceedings should be stayed to enable dispute between employer and contractor to be settled by arbitration.

BENDEL FEED AND FLOUR MILLS LTD V. SEABOARD SALES CORPORATION

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Arbitral award – Setting aside of – Application for – Time limit therefor – Section 29, Arbitration and Conciliation Act – Effect of

BOOKSHOP HOUSE LTD. V. STANLEY CONSULTANTS LTD.

ARBITRATION:- Building Contract – Quantum of Consulting Engineers fee – Agreement providing for stipulated percentage of “total construction cost of project” and incorporating by reference Association of Consulting Engineers definition of “Construction Costs” – Combined definitions of ‘project” and “works” in Associations Conditions of Employment, inapplicable to determine meaning of “construction cost of the project” – Arbitrator’s award – Need to base same on overall construction cost of engineering works

BREMER VULKAN SCHIFFBAU UND MASCHINENFABRIK V. SOUTH INDIA SHIPPING CORPORATION

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Powers of an Arbitrator – Power to dismiss a claim for want of prosecution or dilatoriness – Source of – Whether arbitrator having same power as courts in litigation to dismiss claim for want of prosecution – Whether powers of an arbitrator are derived from the agreement of the parties – Where parties agree simply to refer any matters in dispute to arbitration without saying what powers the arbitrator is to have – Need to have recourse to the arbitrator’s powers as defined by the applicable law

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Powers of Arbitrator compared with that of a Judge – Whether arbitrator has power to do, and to require the parties to do, all the same things as a judicial officer could do – Whether could require the delivery of pleadings, disclosure of documents, allow or disallow the amendment of pleadings, fix a day for hearing, etc – When orders of an arbitrator are disobeyed – Whether he could have imposed sanctions for non-compliance

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