PROCEDURAL STEPS ON ASSESSMENT AND VERIFICATION IN FILING COURT PROCESSES IN THE FCT
HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
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| TITLE | MAIN ISSUES |
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CALAIS SHIPHOLDING COMPANY V. BRONWEN ENGERY TRADING LIMITED |
ARBITRATION – REGISTRATION OF FOREIGN AWARDS:- Whether an arbitral award obtained anywhere in the world can be registered and recognized by any court in Nigeria |
| FAWEHINMI CONST. CO. LTD. V. O.A.U. |
ARBITRATION:- Application for stay of proceedings pending arbitration – Whether amounts to taking step in proceedings |
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FIDELITAS SHIPPING CO. LTD v.VO EXPORTCHLEB
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ALTERNATIVE DISPUTE RESOLUTION:- Arbitration – Special case – Form – Interim award – Effect of award – Subsequent consultative case – Whether claim for demurrage excluded by cesser clause – Estoppel. |
| FINELVET AG V. VINAVA SHIPPING CO LTD
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ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Arbitral award – Appeal – Basis on which award may be appealed – Need not to force Arbitrator into feeling pressured to make a finding on every likely issue – Distinction between cases where the element of judgment calls for special expertise on the part of the arbitrator and where it does not – Whether court obligated to honour an award, whatever the particular qualifications of the arbitrator who made it |
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FOOD CORP OF INDIA V. ANTCLIZO SHIPPING CORP
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ARBITRATION:– 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. |
| FTC (UZDON) V. ROMAK S.A.
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ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Award of first tier GAFTA arbitral tribunal – Application to challenge same on ground of serious irregularity affecting the tribunal as occasion miscarriage of justice– How treated |
| ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Landlord and tenant matters – Role of referree | |
| GAUMONT-BRITISH PICTURE CORPORATION LTD V. ALEXANDER
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ALTERNATIVE DISPUTE RESOLUTION – 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 |
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GBANGBOLA AND ANOTHER V. SMITH & SHERRIFF LTD
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ARBITRATION:– Costs – Discretion of arbitrator – Exercise of discretion – Arbitrator relying on matters not raised by parties in making costs order – One of matters relating to question decided by arbitrator in interim award – Arbitrator failing to bring matters to parties’ attention before making costs order – Whether arbitrator’s failure to do so constituting serious irregularity – Whether interim award binding on arbitrator – Arbitration Act 1996, ss 33(1), 58(1), 68(2).
ARBITRATION:– Award – Setting aside award – Serious irregularity – Uncertainty or ambiguity as to effect of award – Applicants applying to court to challenge arbitrator’s order for costs and his award – Applicants failing to apply to arbitrator to remove ambiguities in award – Whether applicants’ failure to do so barring whole of application – Arbitration Act 1996, ss 57, 70(2). |
| GIDRXSLME SHIPPING CO LTD V. TANTOMAR-TRANSPORTES MARITIMOS LDA |
CIVIL PROCEDURE: ADMINISTRATION OF JUSTICE: Arbitration – How treated |
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GOVERNMENT OF GIBRALTAR V. KENNEY AND ANOTHER
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ALTERNATIVE DISPUTE RESOLUTION: Arbitration – Arbitrator – Jurisdiction – Frustration – Incidental claims – Contract for the rendering of professional services – Enforcement of Arbitration Clause – “Any dispute or difference … in relation to any thing or matter arising out of or under this agreement … shall be referred” to arbitration – Allegation that contract frustrated – Claim for remuneration on quantum meruit and for compensation under law Reform (Frustrated Contracts) Act, 1943 – Whether claims “arising out of … agreement” – Whether claims within scope of reference to jurisdiction – Law Reform (Frustrated Contracts) Act, 1943 (6 & 7 Geo. 6, c. 40), s. 1 (3). |
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GRIMALDI COMPAGNIA DI NAVIGAZIONE SPA V. SEKIHYO LINE LTD
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Arbitration – Stay of court proceedings – Circumstances in which stay will be granted – Charterparty providing for referral of disputes to arbitration – Vessel sinking in collision and charterer losing property – Charterer presenting claim to vessel owner and owner relying on time bar in Hague Rules – Charterer applying to court seeking declarations that Hague Rules not incorporated, alternatively seeking an extension of time to commence arbitration proceedings – Owner issuing cross-application for stay of charterer’s application for declaratory relief – Whether application should be stayed – Arbitration Act 1996, ss 9, 12. |
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HALLAMSHIRE CONSTRUCTION PLC V. SOUTH HOLLAND DISTRICT COUNCIL |
ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION – BUILDING CONTRACTS – Dispute – Reference to arbitration – Arbitrator finding parties agreed cost of works – Validity of decision |
| HARBOUR AND GENERAL WORKS LTD V. THE ENVIRONMENT AGENCY
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ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:– Commencement – Extension of time fixed by agreement – Contract providing different time limits for referring engineer’s decision to conciliation and arbitration – Builder referring decision to conciliation outside time limit for conciliation but within time limit for referral to arbitrator – Employer not alerting builder to conciliation time limit until after expiry of arbitration time limit – Whether time for commencing arbitration should be extended – Arbitration Act 1996, s 12(3). |
| ALTERNATIVE DISPUTE RESOLUTION: Arbitration – Arbitration Clause – relevant considerations | |
| HITCHINS AND ANOTHER V. BRITISH COAL REFINING PROCESSES LTD |
ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION: Error on face of award – Application to set aside – Reference to pleadings in award – Incorporation in award. |
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HOME DEVELOPMENTS LTD. V. SCANCILA CONTRACTING CO. LTD.
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ARBITRATION LAW:- Arbitral award – Award made by an arbitrator appointed by parties – Effect of.
ARBITRATION LAW:- Arbitration award -Setting aside of – Principles governing. ARBITRATION LAW:- Award made and published by an arbitrator – Application to set aside same after fifteen days – Whether statute-hawed -Application of both Order 22 rule 12 of the High Court of Kaduna State (Civil Procedure) Rules 1977 thereof and United Nigeria Insurance Co. Ltd. v. Stocco (1973) 1 All NLR 168 thereof. |
| ISAAC E. NWAENANG V. CHIEF EDET W. NDARAKE & ORS.
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ALTERNATIVE DISPUTE RESOLUTION:- Meaning of – As a reference to the decision of one or more persons with or without an umpire of a particular matter in difference between the patties ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION – CUSTOMARY ARBITRATION:- Elements of – Where parties submit to a third to arbitrate in their dispute over the land and a settlement was reached – Whether the decision was binding on them and would be taken as conclusive as any decision of a legally constituted court of law |
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HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
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