Principle Statement

Unless otherwise agreed by the parties, the place of the arbitral proceedings shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties.

Ratio Decidendi (Source)

Per Kalgo, JSC, in NNPC v. Lutin Investment Ltd & Anor (2006) NLC-123-57-2002(SC) at pp. 11–12; Paras C–D.

"Unless otherwise agreed by the parties, the place of the arbitral proceedings shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties."

Explanation / Scope

The tribunal determines the place of proceedings absent party agreement. The principle applies to arbitration law.

Cases Applying This Principle