ARBITRATION LAW CASES/JUDGMENTS-2

GROVER V. INTERNATIONAL TEXTILE INDUSTRIES (NIG) LTD

HYBRID PROCESSES – ARBITRATION:- Use of an arbitrator to determine terms of a disputed contract for specialised services – Duty of court in utilising the arbitrator’s report – Whether can review awards and principles adopted by arbitrator

HALLAMSHIRE CONSTRUCTION PLC V. SOUTH HOLLAND DISTRICT COUNCIL

ARBITRATION – ARBITRAL CLAUSE: Lease agreement incorporating a model arbitral clause by reference to a statute – Where notice of referral to arbitration brought outside of the statutorily prescribed period  – Vaidity

HARBOUR ASSURANCE CO (UK) LTD V KANSA GENERAL INTERNATIONAL ASSURANCE CO LTD

CONTRACT:- Building contract with arbitration clause – Construction of – Engineer – Engineer’s decision –Contract providing for engineer to make decisions on disputes over certificates – Builder making claims in respect of certificate of substantial completion – Engineer making decision on liability but not quantifying some claims – Time limit for challenging engineer’s decision expiring – Whether engineer’s decision could be reopened in arbitration on final payment certificate – Institution of Civil Engineers Arbitration Procedure (1997), r 5.2 – Institution of Civil Engineers Conditions of Contract (6th edn, 1993 amendment), cl 66.

HITCHINS AND ANOTHER V. BRITISH COAL REFINING PROCESSES LTD

ARBITRATION:- Arbitral award – Award made by an arbitrator appointed by parties – Effect of.

ARBITRATION:- Award made and published by an arbitrator- Application to set aside same after fifteen days – Whether statute-barred – Application of both Order 22 rule 12 of the High Court of Kaduna State (Civil Procedure) Rules 1977 and United Nigeria Insurance Co. Ltd. v. Stocco (1973) 1 All NLR 168.

JOHN ONYENGE AND ORS V. EBERE AND ORS

A ARBITRATION LAW:- Customary Law arbitration – Whether parties are bound by common law principles.

ARBITRATION LAW:- Application for stay of proceedings pending arbitration – What constitutes taking a step – Disputes – How submitted for arbitration

ARBITRATION LAW AND PROCEDURE:-Arbitration proceedings – When can be declared null and void – Arbitral award – Bindingness of on parties thereto Application to set aside – Time within which to make – What constitutes ‘application’ for purposes of computation of time – Application to set aside brought after application to enforce award – Competence of application to set aside Arbitral award Grounds on which to set aside Misconduct What constitutes to setting aside an award Error of Law What amounts to setting aside an award Arbitral award Application for setting aside When and how made when not to set aside SS. 3,5, 12 (2) and 13 Arbitration Law, Cap. 7, Laws of Northern Nigeria, 1963, applicable in Kano State considered.

L. S. D. P. C. v. ADOLD STAMM INT’L (NIG.) LTD.

ARBITRATION LAW:- Practice – Want of prosecution – Dismissal of claim – Dismissal of claim for want of prosecution – Prolonged and unwarranted delay by claimants in prosecuting claim prior to 1 January 1992 – Arbitrators having power after 1 January 1992 to dismiss claim for want of prosecution where inordinate and inexcusable delay on part of claimant – Whether power to dismiss claim for want of prosecution retrospective – Whether arbitrator entitled to have regard to delay in prosecuting claim occurring prior to 1 January 1992 – Arbitration Act 1950, s 13A.

LINUS OKEREKE V. NWANKWO

CUSTOMARY ARBITRATION: – Definition and Nature of – Ingredients for a valid customary arbitration – When binding on parties – How to assert Non-bindingness

ARBITRATION LAW:- Estoppel per rem judicatam – Distinction between a decision by a court of competent jurisdiction and an award by a customary arbitration – Whether both always constitute estoppels per rem judicatam – Pre-conditions which must be satisfied before an award of a customary arbitration can operate as an estoppel – Whether evidence of witnesses during customary arbitration is no evidence before the trial customary court

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