Legal Principles – Nigerian LawCompass

Arbitration Law Important

ARBITRATION LAW – Setting Aside Arbitral Award – Limitation Period – Substance of Ground Determines Applicable Section

"When an application is made to set aside an award it is the substance of the ground of the application that is material and not how counsel for the appellant...

Arbitration Law Important

ARBITRATION LAW – Setting Aside Arbitral Award – Limitation Period – Single Limitation Period Irrespective of Section Invoked

"In my view, It would not matter whether an application to set aside an arbitral award by an aggrieved party is made under the provisions of Section 29 or 30...

Arbitration Law Important

ARBITRATION LAW – Setting Aside Arbitral Award – Limitation Period – Time Bar Goes to Competency of Application

"A complaint that an action is statute-barred, is unarguably a complaint against the competency of the action."

Arbitration Law Important

ARBITRATION LAW – Setting Aside Arbitral Award – Limitation Period – Single Limitation Period Applies to All Applications to Set Aside

"I am firmly of the view that the limitation period of three (3) months under s.29 being the only period of limitation prescribed under the Act applies to all aggrieved...

Arbitration Law Important

ARBITRATION LAW – Setting Aside Arbitral Award – Limitation Period – Application under Section 30 Subject to Three-Month Time Limit

"Indeed there is only one period of limitation prescribed under the Act. Section 29 of the Act, which I have already reproduced provides that a party who is aggrieved by...

Arbitration Law Important

ARBITRATION LAW – Arbitration Agreements – Third Party Guarantor – Right to Apply for Stay of Proceedings

"Nothing in the arbitration agreement between the plaintiff and the contractor can be interpreted as making the defendant a party to that agreement. The Court of Appeal was fully justified...

Arbitration Law Important

ARBITRATION LAW – Arbitration Agreements – Scott v. Avery Clause – Effect on Guarantor’s Liability – Defence Distinguished from Stay Application

"Where the arbitration clause is of that type of a Scott v. Avery form which ties the liability of the contractor to an award and makes it incumbent on the...

Arbitration Law Important

ARBITRATION LAW – Arbitration Agreements – Application for Stay – Applicant Must Be Party to Arbitration Agreement

"It is evident from the provisions of section 5(1), that the applicant for a stay of proceedings must be a 'party to the arbitration agreement' and that the subject matter...

Arbitration Law Important

ARBITRATION LAW – Arbitration and Courts Interaction – Power of Court Limited to Setting Aside or Remitting Award

"Under sections 11 and 12 of the Arbitration Law of Lagos State, the court's jurisdiction to interfere with the award of an arbitrator is limited to setting aside an award...

Arbitration Law Important

ARBITRATION LAW – Arbitral Proceedings – Raising Issue Suo Motu – Whether Constitutes Breach of Natural Justice When Arising from Claim

"The question of the termination of the contract was put before the arbitrator by the Appellant when he claimed for damages for Respondent's failure to complete the building work in...

Arbitration Law Important

ARBITRATION LAW – Arbitral Proceedings – Permissible Use of Arbitrator’s Expertise and Knowledge

"It is clear that the arbitrator based his findings and award on the evidence before him.... It is simply not correct that the Arbitrator had been capricious or that he...

Arbitration Law Important

ARBITRATION LAW – Reference of Specific Question of Law – Erroneous Decision Does Not Invalidate Award

"Where a specific question of law is submitted to the arbitrator for his decision and he decides it, the fact that the decision is erroneous does not make the award...