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ALTERNATIVE DISPUTE RESOLUTION LAW CASES-4

POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR

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TITLE MAIN ISSUES

NDIONG V. C.F.A.O

ALTERNATIVE DISPUTE RESOLUTION – HYBRID PROCESSES – ARBITRATIONV – COURT APPOINTED REFERREE:- Referee in abitral proceedings – Role of – Referee not taking oral evidence – Whether proper.

ALTERNATIVE DISPUTE RESOLUTION – HYBRID PROCESSES – ARBITRATION – COURT APPOINTED REFERREE:- Proceeding by the Referee – Whether not intended to be a judicial inquiry with wit­nesses – Whether a Referee must conform to the scope and ambit of his commission as given by court – Where commission confined to examination of certain papers and thereon to court – Whether refusal to expand scope at the instance of one party without court direction amounts to denial of fair hearing rights

NIGERIA NATIONAL PETROLEUM CORPORATION V. LUTIN INVESTMENTS LIMITED

 

 

 

 

ARBITRATION:– Misconduct by an arbitrator justifying setting aside award – What constitutes such misconduct under section 30(1) and (2) of the Arbitration and Conciliation Act 19 Laws of the Federation of Nigeria 1990.

ARBITRATION:– Section 16 Arbitration and Conciliation Act Cap 19 Laws of the Federation of Nigeria 1990 – Whether Arbitral Panel has power to decide on its own the place of arbitral proceedings subject to any contrary agreement of parties – Whether Arbitral Panel may meet at any place it considers appropriate.

OBAYEMI V. OBAYEMI

ALTERNATIVE DISPUTE RESOLUTION:- Matrimonial proceedings – Private individual’s attempts at reconciliation – Evidence arising therefrom – Whether privileged or inadmissible or privileged but admissibility at the instance of party thereto – Whether discussions and correspondence in negotiations if ‘without prejudice,’ are privileged, unless the parties waive the privilege
ODONIGI V. OYELEKE

 

 

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Customary arbitration -Recognition and validity of in law-Basis of.

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Customary arbitration – Validity of – Conditions therefor.

OGUNWALE V. THE STATE

ARBITRATION:– Arbitration and Conciliation Act Cap. 19 Laws of the Federation of Nigeria, 1990, sections 7 and 34 – Purport of.

ARBITRATION:– Arbitration and Conciliation Act Cap. 19 Laws of the Federation of Nigeria, section 7(4) – Conditions precedent to the application of same

ARBITRATION:– Arbitration Rules, article 8(1) – purport of – effect of non-compliance with same.

ARBITRATION:– Jurisdiction of court to refer a matter to arbitration – conditions precedent to same.

OPARAJI V. OHANU

 

 

 

 

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Customary, law arbitration -Arbitration under statute -Difference between.

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Customary law arbitration – Decision thereof – Bindingness of – Whether party thereto can resile therefrom.

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Customary law arbitration – Ingredients of.

OPANIN ASONG KWASI AND OTHERS V.JOSEPH RICHARD OBUADABANG LARBI

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Arbitration award according to native customary law – General principles governing such arbitrations – Effect of one party withdrawing before arbitration completed
OSUJI V. OGUALAJI

ARBITRATION:– Customary arbitration – Whether treated by the learned trial Judge as binding in the instant suit herein.

OYINLOLA OLUFUNKE OBAYEMI

ALTERNATIVE DISPUTE RESOLUTION:- Matrimonial proceedings – Private individual’s attempts at reconciliation – Evidence arising therefrom – Whether privileged or inadmissible or privileged but admissible at the instance of party thereto – Whether discussions and correspondence in negotiations if ‘without prejudice,’ are privileged, unless the parties waive the privilege
THE HONDA PLACE LTD. V. GLOBE MOTOR HOLDINGS NIG LTD

ALTERNATIVE DISPUTE RESOLUTION: Out of Court settlement – Guiding principles

THE OWNERS OF M. V.LUPEX V. NIGERIAN OVERSEAS CHARTERING AND SHIPPING

ARBITRATION:- Arbitration clause – Clause in contract providing for reference of dispute to arbitration in foreign tribunal- How
construed – Attitude of court thereto.ARBITRATION:- Arbitration clause in a contract – Meaning of- How construed – Duties on parties and court with respect
thereto.ARBITRATION – Stay of proceedings pending arbitration in foreign tribunal – Principles guiding – Attitude of court thereto.
TURNER & CO (A FIRM) V. O PALOMO SA

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION

UME & ORS V. CHRISTIAN UCHECHUKWU IBE

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION AND CONCILIATION – CUSTOMARY ARBITRATION:- Principles governing a valid decision of native arbitration which is binding on parties thereto
UNITED BANK FOR AFRICA PLC V. COMRADE CYCLE LTD & ANOR

ALTERNATIVE DISPUTE RESOLUTION – COMPROMISE AGREEMENTS:- Agreement for a payment to prevent or terminate ongoing litigation – Bindingness of

UNITED  WORLD LTD. INC. V. M.T.S. LTD.

ARBITRATION:- Application for stay of proceedings pending reference to arbitration – When will be granted – When will not – Principles governing.
UZOR V. THE QUEEN

 

 

 

ALTERNATIVE DISPUTE RESOLUTION – CUSTOMARY LAW:- Interference with wife of another – Inter-family brokered settlement agreement to propitiate the household god of offended husband by providing certain articles for sacrifice – Part performance, quarrel arising subsequently and murder of – Whether relevant in murder proceedings – How treated by Court

VITOL SA  V. NORELF LTD THE SANTA CLARA

ARBITRATION:– Appeal – Appeal to Court of Appeal – Respondent to appeal seeking by respondent’s notice to affirm judge’s decision on other grounds – Grounds involving uncertified issues of law and issues of mixed fact and law – Whether open to respondent to rely on grounds – Arbitration Act 1979, s 1(7).
VOSNOC LTD  V. TRANSGLOBAL PROJECTS LTD

 

 

ARBITRATION:– Commencement – Notice requiring appointment of arbitrator – Letter stating that dispute referred to arbitration – Whether letter constituting notice requiring appointment of arbitrator – Whether letter sufficient to commence arbitration proceedings – Limitation Act 1980, s 34(3)– Arbitration Act 1996, s 14.

WESTACRE INVESTMENTS INC. V. JUGO IMPORT

ARBITRATION:– Award – Enforcement – Parties entering into consultancy agreement for procurement of contracts for sale of military equipment – Plaintiffs bringing action on arbitration award in respect of sums due under consultancy agreement – Whether consultancy agreement an illegal contract – Whether enforcement of award contrary to public policy.
WYNDHAM V. JACKSON

 

 

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:– Court judgment – When same can be deemed arbitral outcome submitted to by parties – Extra cursum curiæ – Order for account – Master dealing with questions outside order at request of counsel on both sides – How treated

YAMIKE KWEKU V. ANNOR ADJAYE

ALTERNATIVE DISPUTE RESOLUTION:- Gold Coast – Arbitration – Court’s power to facilitate or interfere with same – Order failing to fix Time for making Award – Power to set aside Award – Filing Award in Court – Award to have effect of Judgment – Absence of Right of Appeal – How treated
ZOV SHIPPING CO. V. BALTIC SHIPPING CO

 

 

 

ARBITRATION:– Award – Appeal – Evidence – Agreement containing arbitration clause – Applicant contending that it was not a party to agreement – Arbitrator on preliminary hearing finding it was and that he had jurisdiction to arbitrate – Applicant applying to court to challenge arbitrator’s award as to his jurisdiction – Whether directions should be given as to oral evidence – Arbitration Act 1996, ss 30, 67.

 

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