ARBITRATION LAW CASES/JUDGMENTS-3

LLOYD AND OTHERS V WRIGHT

ARBITRATION LAW:- Continuation of proceedings – Continuation after commencement of court proceedings – Dispute referred to arbitration – Writ subsequently issued in High Court by claimant in arbitration seeking substantially same relief – Step taken in court proceedings after arbitrator giving directions to respondent in arbitration proceedings – Claimant in arbitration proceedings applying for court order requiring respondent to comply with arbitrator’s directions – Whether application could be entertained – Whether arbitration proceedings terminated as soon as step taken in court proceedings.

M. V. PANORMOS BAY V. OLAM NIGERIA PLC

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION – Stay of proceedings pending reference to arbitration – Party applying therefor – Onus on – What he must satisfy

ARBITRATION LAW:- Appointment of arbitrator – Jurisdiction with respect thereto – In which court resides as between State and Federal High Court

ARBITRATION LAW:- Appointment of arbitrator – Law governing same – Whether Companies and Allied Matters Act applicable thereto

MELFORD AGALA & ORS. V. CHIEF BENJAMIN OKUSIN & ORS

ADMINISTRATION OF JUSTICE; Arbitration, Courts – How treated

ARBITRATION LAW:-Award – Leave to appeal against award – Setting aside or remitting award – Allegation of misconduct of umpire by reason of inconsistency in findings – Whether inconsistency amounting to misconduct by umpire – Whether leave to appeal ought to be granted – Arbitration Act 1950, ss 22, 23 – Arbitration Act 1979, s 1.

ARBITRATION LAW:- Award – Leave to appeal against award – Setting aside or remitting award – Allegation of misconduct of umpire – Whether ‘misconduct’ applying to procedural errors by umpire – Arbitration Act 1950, s 23

NIGERIAN NATIONAL PETROLEUM CORPORATION V. CLIFCO NIGERIA LIMITED

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Jurisdiction in arbitral proceedings – Nature and basis of – When may be raised – Whether can be raised at any stage of the proceedings or only at the start of proceedings – Section 12(3) of the Arbitration and Conciliation Act – Implication for an appeal based on the issue of jurisdiction of an arbitral panel which was not raised before arbitral panel

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Arbitral proceedings – Where it was agreed that the reference would be decided on the documents which were submitted to the panel and there would be no oral hearing – Whether arbitral panel could be justified in granting a party an opportunity to give oral submission without granting same to the other party – Implication for fair hearing principles – Relevant considerations

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Arbitration agreements – Where arbitration clause is a part – How treated – When contract undergoes novation – Whether purpose of contract may fail but the arbitration clause survives

NIGERIAN NATIONAL PETROLEUM CORPORATION V. LUTIN INVESTMENT LTD.

ARBITRATION:- Meaning of – Arbitrator – Jurisdiction of – When will be deemed to be acting outside scope of authority – Legal effect

ARBITRATION:- Powers of Arbitrator with regards to place of arbitration and place of taking of evidence – Agreement of parties – Whether can limit same – Where parties make no such restrictions – Effect – Section 16(1) (2) of the Arbitration and Conciliation Act 1990 – Interpretation of – Circumstances envisaged thereunder

ARBITRATION:- Place of arbitration and place of taking evidence pursuant to the agreement – How determined – Powers of the Arbitrator thereto – How limited – Section 16(1) (2) of the Arbitration and Conciliation Act 1990

ARBITRATION:- Arbitral proceedings – Preliminary objection – When deemed premature – Relevant considerations

ARBITRATION:- Taking of evidence – Decision to do so abroad – Whether violation of the terms of the arbitration agreement between the parties or of the provisions of the Arbitration and Conciliation Act – Relevant considerations

ARITRATION PROCEEDINGS:- Allegation of misconduct against an Arbitrator – Attitude of court thereto – Onus of proof – On whom lies – Effect of failure

N.P.A. V PANALPINA

ARBITRATION LAW:- Customary arbitration -Recognition and validity of in law – Basis of.

ARBITRATION LAW – ARBITRATION:- Customary arbitration – Validity of – Conditions therefor.

TURNER & CO (A FIRM) V O PALOMO SA

ARBITRATION:– Incorporation of a statutory compulsory arbitration clause into a contract – How applied – Whether extends to claim for specific performance and damages for breach of the contract – How treated

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