ARBITRATION LAW — Arbitrator — Discretion to Fix Venue for Taking Evidence — Not Limited to Seat of Arbitration
Principle Statement
An arbitrator has the power and discretion to decide where to hold meetings, conduct hearings, and take evidence. That place may be different from the seat of arbitration unless the parties expressly agree otherwise.
Ratio Decidendi (Source)
Per Onnoghen, JSC, in NNPC v. Lutin Investment Ltd & Anor (2006) NLC-123-57-2002(SC) at p. 19; Paras B–D.
"Under our law, an arbitrator or an arbitral tribunal has the power and discretion to decide as regards where it holds its meetings, conduct hearings, take evidence etc. I further hold the view that such place as decided by the arbitrator or arbitral tribunal may be different from the seat of the arbitration except the parties expressly agree to the contrary in their arbitration agreement."
Explanation / Scope
The venue for taking evidence may differ from the seat of arbitration. The principle applies to arbitration law.
