POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
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TITLE | MAIN ISSUES |
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ARBITRATION LAW:- Arbitration – Meaning and legal basis of – Condition precedent to validity of.
ARBITRATION LAW:- Customary arbitration – Conditions precedent to validity of |
AKPODIKE v NWABUEZE
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ALTERNATIVE DISPUTE RESOLUTION – CUSTOMARY ARBITRATION:- How treated |
ANTAIOS CIA NAVIERA SA V SALEN REDERIERNA AB
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ARBITRATION LAW:- Arbitral Award – Leave to appeal to Court of Appeal against grant or refusal of leave to appeal to High Court – When leave to appeal to Court of Appeal should be granted – Principles applicable to grant of leave – Arbitrator’s decision raising substantial and arguable point of law – Case important to parties or of general interest – Judge concluding arbitrator’s decision probably right – Judge requiring guidance on principles applicable to grant of leave – Whether judge should grant leave – Arbitration Act 1979, s 1(6A). |
AWOSILE V. SOTUNBO |
ARBITRATION LAW:- Customary arbitration – Effect and bindingness of – Effect of valid customary arbitration – Conditions precedent thereto. |
ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION: Arbitral Awards | |
BANK MELLAT V HELLINIKI TECHNIKI SA.
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ARBITRATION LAW:- International arbitration in accordance with rules of International Chamber of Commerce – Arbitration commenced in England – Parties’ sole connection with England that they had agreed that arbitration should take place there – Application by respondent for security for costs – Claimant’s ability to pay respondent’s costs uncertain – Whether order for security for costs would be inconsistent with ICC rules – Whether court should make the order – Arbitration Act 1950, s 12(6)(a). |
BAYTUR SA V FINAGRO HOLDING SA.
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ARBITRATION LAW:- 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. |
BENDEL FEED AND FLOUR MILLS LTD V. SEABOARD SALES CORPORATION |
ARBITRATION LAW:- Jurisdiction of an arbitrator – When in issue – Whether can be put in issue by privity of contract and the existence of a contract. |
BILL CONSTRUCTION CO. LTD. V IMANI & SONS LTD SHELL TRUSTEES LTD (A JOINT VENTURE) |
ARBITRATION LAW:- Arbitral award – Setting aside of-Application for – Time limit therefor -Section 29, Arbitration and Conciliation Act. |
BOOKSHOP HOUSE LTD. V. STANLEY CONSULTANTS LTD.
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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 |
EVERGLADE MARITIME INC V SCHIFFAHRTSGESELLSCHAFT DETLEF VON APPEN MBH
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ARBITRATION LAW:- Costs – Discretion of arbitrator – Sealed offer – Successful party ordered to pay costs of reference – Respondent making sealed offer of settlement – Claimant rejecting sealed offer and continuing with arbitration – Arbitration award exceeding amount of sealed offer by small sum – Arbitrators directing claimant to pay both parties’ costs from date sealed offer considered – Arbitrators taking into account order for costs they would have made apart from sealed offer – Whether arbitrators entitled to take into account impact of costs in exercise of discretion – Whether arbitrators limited to comparing amount of award with amount of offer – Whether costs awarded to respondent can be taken into account in determining effect of sealed offer on costs |
FIDELITAS SHIPPING CO. LTD v. VO EXPORTCHLEB |
ARBITRATION LAW:- Interim award – Whether claim for demurrage excluded by cesser clause. |
FOOD CORP OF INDIA V ANTCLIZO SHIPPING CORP |
ARBITRATION LAW:- Practice – Want of prosecution – Inordinate and inexcusable delay – Law reform – Need for legislation to give courts power to dismiss arbitration claims for want of prosecution. |
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JUDGMENTS OF NIGERIAN COURTS |
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By Substantive Areas |