CASES/JUDGMENTS OF NIGERIAN COURTS RELATING TO ARBITRAL PROCEEDINGS
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
FIND JUDGMENTS BY:
CASES/JUDGMENTS OF NIGERIAN COURTS RELATING TO ARBITRAL PROCEEDINGS
[Judgment(s) are listed and published here for free but can procured in electronic PDF copies for a fee in singles or compendium. Research support is also available. Email us through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097]
| TITLE | MAIN ISSUES |
| BANK MELLAT V. HELLINIKI TECHNIKI SA | ARBITRAL PROCEEDINGS: Arbitration – Costs – Security for costs – Claimant ordinarily resident out of the jurisdiction – 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). |
| BENDEL FEED AND FLOUR MILLS LTD V. SEABOARD SALES CORPORATION | ARBITRATION – Jurisdiction of an arbitrator – when in issue – whether can be put in issue by privity of contract and the existence of a contract. |
| BENDEX ENGINEERING CORPORATION & ANOR. V. EFFICIENT PETROLEUM NIGERIA LTD | ARBITRATION- Arbitrator – Appointment of-Procedure for under section 7(2) and (3) – Arbitration and Conciliation Act – When section 7(2)and 93) applicable ARBITRATION – Arbitrator – Appointment of-Ouster of right of appeal in respect of appointment under section 7(4), Arbitration and Conciliation Act – Scope of-How construed vis-à-vis constitutional right of appeal |
| CALAIS SHIPHOLDING COMPANY v. BRONWEN ENERGY 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 |
| EVERGLADE MARITIME INC V. SCHIFFAHRTSGESELLSCHAFT DETLEF VON APPEN MBH | ABITRATION:– 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. |
| GIDRXSLME SHIPPING CO LTD V. TANTOMAR-TRANSPORTES MARITIMOS LDA | ARBITRATION:- Arbitration award and Mareva Injunction – Post-award injunction restraining removal of assets out of [or disposal within] jurisdiction – Worldwide disclosure order – Whether court has unlimited jurisdiction to order disclosure of assets to facilitate enforcement of award – Whether scope of disclosure order limited to extent of Mareva relief – Arbitration Act 1950, s 12(6)(f)(h) – Supreme Court Act 1981, s 37(1). |
| JOYCE V. LIVERPOOL CITY COUNCIL | ARBITRATION:– Reference of proceedings to arbitration – Automatic reference – Small claims – Suitability of claims for arbitration – Claims for specific performance or injunction against landlords in respect of breach of repairing covenants – Whether district judge sitting as small claims arbitrator having jurisdiction to grant injunction or specific performance – CCR Ord 19 – Landlord and Tenant Act 1985, s 11. |
| KANO STATE OIL AND ALLIED PRODUCTS LIMITED | ARBITRATION – Appointment of arbitrator – Proceedings therefor – Methods of initiating same – Whether by motion or by writ of summons. ARBITRATION – Appointment of arbitrator – Who can apply therefor. ARBITRATION -”Submission” in relation to arbitration – Meaning of. |
| LAGOS STATE DEVELOPMENT AND PROPERTY CORPERATION V. ADOLD STAMM INTERNATIONAL | ARBITRATION – Arbitration proceedings – Allegation of misconduct against arbitrator – What conduct of applicant that may negative allegation. ARBITRATION – Arbitration proceedings – When absence of legal practitioner may amount to discourtesy to arbitrator. ARBITRATION – Arbitration proceedings – When arbitrator entitled to conduct ex parte. ARBITRATION – Removal of arbitrator -Application therefor – Bias as ground of – Conflict in affidavit evidence – What court will consider. |
| MORAN V. LLOYDS | ARBITRAL PROCEEDINGS – Arbitration – 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. |
| N.P.A. V. PANALPINA | ARBITRATION:- Decision of Arbitration Board – Power of High Court over same – Legal implication of failure to comply with arbitral decision |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
