LEGAL PRINCIPLE: CUSTOMARY LAW — Customary Arbitration — Applicable Law in Customary Arbitration Is Customary Law Not Common Law Principles
PRINCIPLE STATEMENT
It is good law that in arbitration under customary law, the applicable law is customary law and not common law principles with their characteristic certainty and ossification.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Onyenge & Ors v. Ebere & Ors (2004) NLC-1172000(SC) at p. 17; Paras B–C.
"It is good law that in arbitration under customary law, the applicable law is customary law and not common law principles with their characteristic certainty and ossification."
EXPLANATION / SCOPE
Customary arbitration is governed by customary law, not common law. The principle applies to customary law. Common law principles do not apply. The rule respects the autonomy of customary dispute resolution. The court will apply customary norms. The principle is well-established.
