ARBITRATION LAW CASES/JUDGMENTS
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
[PDF copy of any judgment listed and published here can be sent to your email for N300 only. Compendium of select segments and research support is also available. Email us through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097]
| TITLE | MAIN ISSUES |
|
|
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
|
ALTERNATIVE DISPUTE RESOLUTION – CUSTOMARY ARBITRATION:- How treated |
|
ANTAIOS CIA NAVIERA SA V SALEN REDERIERNA AB
|
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.
|
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.
|
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.
|
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
|
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. |
| 1 | 2 | 3 | 4 |
JUDGMENTS OF NIGERIAN COURTS |
|
| By Substantive Areas | |
