EVIDENCE LAW — Customary Arbitration — Proof of Existence
Principle Statement
A party can prove the existence of a customary arbitration by pleading and establishing the following: a) That there has been a voluntary submission of the matter in dispute to an arbitration of one or more persons. b) That it was agreed by the parties either expressly or by implication that the decision of the arbitration will be accepted as final and binding. c) That the said arbitration was in accordance with the custom of the parties or of their trade or business. d) That the arbitrators reached a decision and published their award; and e) That the decision or award was accepted at the time it was made.
Ratio Decidendi (Source)
Per Adekeye, JSC, in Okoye v. Obiaso (2010) NLC-123-232-2003(SC) at pp. 23–24; Paras A–A.
"A party can prove the existence of a customary arbitration by pleading and establishing the following: a) That there has been a voluntary submission of the matter in dispute to an arbitration of one or more persons. b) That it was agreed by the parties either expressly or by implication that the decision of the arbitration will be accepted as final and binding. c) That the said arbitration was in accordance with the custom of the parties or of their trade or business. d) That the arbitrators reached a decision and published their award; and e) That the decision or award was accepted at the time it was made."
Explanation / Scope
This principle establishes the five requirements for proving customary arbitration: voluntary submission, agreement to accept the decision as final and binding, accordance with custom, publication of the award, and acceptance at the time. The principle applies where customary arbitration is relied upon. It ensures that arbitration is properly proved. The principle reflects the requirements for customary arbitration. It prevents reliance on unproved arbitration. The court must require all elements. The principle provides guidance on proving customary arbitration.
