Arbitration Agreement: The Issue of Arbitrability in Nigeria Arbitration Practice

Greg Chukwudi Nwakoby; Charles Emenaogha Aduaka; Chiamaka Ifeatu Orabueze

doi:doi:10.11648/j.ijls.20180102.16

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Arbitration Agreement: The Issue of Arbitrability in Nigeria Arbitration Practice

Greg Chukwudi Nwakoby, Charles Emenaogha Aduaka, Chiamaka Ifeatu Orabueze

Published in International Journal of Law and Society (Volume 1, Issue 2)

Received: 5 January 2018 Accepted: 25 February 2018 Published: 21 March 2018

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Abstract

Arbitration agreement is the bedrock of every arbitral proceedings and it is the corner stone of the jurisdiction vested on the arbitrators to arbitrate on any matter referred to them. The agreement could take various forms and character (oral or written) depending on the governing law. It is not all issues and subject matters that are arbitrable. Different national legislation and public policy have limited the scope of arbitration with respect to the issue of arbitrability. Not all matters are capable of being referred to arbitration. Certain matters are reserved for the court alone and if an arbitral tribunal purports to deal with them the resulting award will be unenforceable. We have arbitrability based on agreement and arbitrability based on law and public policy. In this work, efforts shall be made to address all issues with respect to arbitration agreement under the Act and the concept of arbitrability.

Published in	International Journal of Law and Society (Volume 1, Issue 2)
DOI	10.11648/j.ijls.20180102.16
Page(s)	92-101
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2018. Published by Science Publishing Group

Keywords

Arbitration Agreement, Arbitrability in Nigeria, Arbitration Practice

References

[1]	David St John Sutton, Russell on Arbitration, 22^nd Ed. Sweet & Maxwell Ltd 2003, 26. Russell distinguished between arbitration agreement and submission agreement.
[2]	Ibid 18^th Ed. 38. Russell in its 18^th edition confused two different forms of arbitration agreement.
[3]	John Paris, The Law and Practice of Arbitration, George Godwin Ltd, Great Britain, 1974, 1.
[4]	Ronald Berstein, Handbook of Arbitration Practice, 8.
[5]	(2003) 15 NWLR (Pt. 844) 469 at 487.
[6]	(2013) LPELR 20720. Agala v. Okusim (2010) 10NWLR (pt. 1220) 412 at 488. Ihunwo v. Ihunwo (2014) AllFWLR 1444 at 1453.
[7]	Halsbury’s Laws of England, 3^rd Ed, 38.
[8]	(2006) NSCQR 77 at 112.
[9]	(1856) 5 HL Cas. 811.
[10]	Union of India v. Bhoriat Engineering Corp. LLR Delhi Series (1971) Vol. 2, 57.
[11]	Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004, section 1 (a) (b) (c) & (2).
[12]	Re Thompson (1894) QB 462. Tinplate Co. v. Hughes (1891) 60 LJ 189.
[13]	David St. John Sutton, Russell on Arbitration 22^nd Ed. 435.
[14]	Section 3 of the Act.
[15]	Section 2 of the Act.
[16]	Royal Exchange Assurance v. Bentworth Finance Nig. Ltd. (1976) 6 UILR (Pt. 2) 293.
[17]	Afcon Nig. Ltd. V. Registered Trustees of Ikoyi Club (1996) FHCLR 371.
[18]	Obemba v. Wemabod Estate (1977) 5SC 115.
[19]	Arbitration and Conciliation Act section 4 (1).
[20]	Arbitration and Conciliation Act section 5 (1).
[21]	KSUDB V. Fanz Construction Co. ltd (1990) 4 NWLR (Pt. 142) 1). Hallam v. Attorney General Plateau State (supra). 249. Commerce Assurance v. Alli (1992) 3NWLR (Pt. 232) 701.. Bebeji Oil Allied Products Ltd & Anor v. Pancosta Ltd. (2007) 31 WRN 163. BSG Energy Holding Ltd v. Spears (2013) 31 WRN 146.
[22]	Equitable Res Inc v. United Steel Workers Int. Union, Local 8-512. 621F 3^rd 538, 550 6^th Cir 2010.
[23]	AT&T Techs Inc v. Comm Workers 475 US 643 1986. Cox 533 F. 3d 1114.
[24]	John Wiley & Sons Inc v. Livingston 376 US 543, 547 (1964).
[25]	Sherer v. Green Tree Servicing LLC 548 F. 3d 379, 381 (5 Cir 2008).
[26]	B. J. Export & Chemical Co. Ltd (2002) LPELR 12175 where the Court of Appeal decided that the dispute which are the subject of an arbitration agreement must be arbitrable.
[27]	United World Ltd Inc v. M. T. S Ltd (1998 (10NWLR (Pt. 568) 106.
[28]	(1972) ECSLR.
[29]	Arbitration and Conciliation Act Cap A18 L. F. N. 2004 section 17.
[30]	City Engineering v. Federal Housing Authority (1997) 9NWLR (Pt. 520) 244.
[31]	6^th Ed. Centennial Edition, 1891 -1991, 1231.
[32]	Greg. C. Nwakoby, The Law and Practice of Commercial Arbitration in Nigeria, 2^nd Ed, Snaap Press Ltd, Enugu Nigeria 2014, 324.
[33]	Buchanan, “Public Policy and International Commercial Arbitration” American Business Law Journal, No. 26, 1988, 511.
[34]	S. C. Bennett, Arbitration Essential Concept, New York ALM Publishing 2002, 63-64 “Criminal cases which involve a public prosecutor representing public interest, are almost certainly not capable of arbitration.

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Greg Chukwudi Nwakoby, Charles Emenaogha Aduaka, Chiamaka Ifeatu Orabueze. (2018). Arbitration Agreement: The Issue of Arbitrability in Nigeria Arbitration Practice. International Journal of Law and Society, 1(2), 92-101. https://doi.org/10.11648/j.ijls.20180102.16

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ACS Style

Greg Chukwudi Nwakoby; Charles Emenaogha Aduaka; Chiamaka Ifeatu Orabueze. Arbitration Agreement: The Issue of Arbitrability in Nigeria Arbitration Practice. Int. J. Law Soc. 2018, 1(2), 92-101. doi: 10.11648/j.ijls.20180102.16

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AMA Style

Greg Chukwudi Nwakoby, Charles Emenaogha Aduaka, Chiamaka Ifeatu Orabueze. Arbitration Agreement: The Issue of Arbitrability in Nigeria Arbitration Practice. Int J Law Soc. 2018;1(2):92-101. doi: 10.11648/j.ijls.20180102.16

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@article{10.11648/j.ijls.20180102.16,
  author = {Greg Chukwudi Nwakoby and Charles Emenaogha Aduaka and Chiamaka Ifeatu Orabueze},
  title = {Arbitration Agreement: The Issue of Arbitrability in Nigeria Arbitration Practice},
  journal = {International Journal of Law and Society},
  volume = {1},
  number = {2},
  pages = {92-101},
  doi = {10.11648/j.ijls.20180102.16},
  url = {https://doi.org/10.11648/j.ijls.20180102.16},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20180102.16},
  abstract = {Arbitration agreement is the bedrock of every arbitral proceedings and it is the corner stone of the jurisdiction vested on the arbitrators to arbitrate on any matter referred to them. The agreement could take various forms and character (oral or written) depending on the governing law. It is not all issues and subject matters that are arbitrable. Different national legislation and public policy have limited the scope of arbitration with respect to the issue of arbitrability. Not all matters are capable of being referred to arbitration. Certain matters are reserved for the court alone and if an arbitral tribunal purports to deal with them the resulting award will be unenforceable. We have arbitrability based on agreement and arbitrability based on law and public policy. In this work, efforts shall be made to address all issues with respect to arbitration agreement under the Act and the concept of arbitrability.},
 year = {2018}
}

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TY  - JOUR
T1  - Arbitration Agreement: The Issue of Arbitrability in Nigeria Arbitration Practice
AU  - Greg Chukwudi Nwakoby
AU  - Charles Emenaogha Aduaka
AU  - Chiamaka Ifeatu Orabueze
Y1  - 2018/03/21
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DO  - 10.11648/j.ijls.20180102.16
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 92
EP  - 101
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20180102.16
AB  - Arbitration agreement is the bedrock of every arbitral proceedings and it is the corner stone of the jurisdiction vested on the arbitrators to arbitrate on any matter referred to them. The agreement could take various forms and character (oral or written) depending on the governing law. It is not all issues and subject matters that are arbitrable. Different national legislation and public policy have limited the scope of arbitration with respect to the issue of arbitrability. Not all matters are capable of being referred to arbitration. Certain matters are reserved for the court alone and if an arbitral tribunal purports to deal with them the resulting award will be unenforceable. We have arbitrability based on agreement and arbitrability based on law and public policy. In this work, efforts shall be made to address all issues with respect to arbitration agreement under the Act and the concept of arbitrability.
VL  - 1
IS  - 2
ER  -

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Author Information

Greg Chukwudi Nwakoby

Department of international Law and Jurisprudence, Faculty of Law, Nnamdi Azikiwe University, Awka, Nigeria
Charles Emenaogha Aduaka

Department of international Law and Jurisprudence, Faculty of Law, Nnamdi Azikiwe University, Awka, Nigeria
Chiamaka Ifeatu Orabueze

Department of international Law and Jurisprudence, Faculty of Law, Nnamdi Azikiwe University, Awka, Nigeria

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APA Style

Greg Chukwudi Nwakoby, Charles Emenaogha Aduaka, Chiamaka Ifeatu Orabueze. (2018). Arbitration Agreement: The Issue of Arbitrability in Nigeria Arbitration Practice. International Journal of Law and Society, 1(2), 92-101. https://doi.org/10.11648/j.ijls.20180102.16

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ACS Style

Greg Chukwudi Nwakoby; Charles Emenaogha Aduaka; Chiamaka Ifeatu Orabueze. Arbitration Agreement: The Issue of Arbitrability in Nigeria Arbitration Practice. Int. J. Law Soc. 2018, 1(2), 92-101. doi: 10.11648/j.ijls.20180102.16

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AMA Style

Greg Chukwudi Nwakoby, Charles Emenaogha Aduaka, Chiamaka Ifeatu Orabueze. Arbitration Agreement: The Issue of Arbitrability in Nigeria Arbitration Practice. Int J Law Soc. 2018;1(2):92-101. doi: 10.11648/j.ijls.20180102.16

Copy | Download

@article{10.11648/j.ijls.20180102.16,
  author = {Greg Chukwudi Nwakoby and Charles Emenaogha Aduaka and Chiamaka Ifeatu Orabueze},
  title = {Arbitration Agreement: The Issue of Arbitrability in Nigeria Arbitration Practice},
  journal = {International Journal of Law and Society},
  volume = {1},
  number = {2},
  pages = {92-101},
  doi = {10.11648/j.ijls.20180102.16},
  url = {https://doi.org/10.11648/j.ijls.20180102.16},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20180102.16},
  abstract = {Arbitration agreement is the bedrock of every arbitral proceedings and it is the corner stone of the jurisdiction vested on the arbitrators to arbitrate on any matter referred to them. The agreement could take various forms and character (oral or written) depending on the governing law. It is not all issues and subject matters that are arbitrable. Different national legislation and public policy have limited the scope of arbitration with respect to the issue of arbitrability. Not all matters are capable of being referred to arbitration. Certain matters are reserved for the court alone and if an arbitral tribunal purports to deal with them the resulting award will be unenforceable. We have arbitrability based on agreement and arbitrability based on law and public policy. In this work, efforts shall be made to address all issues with respect to arbitration agreement under the Act and the concept of arbitrability.},
 year = {2018}
}

Copy | Download

TY  - JOUR
T1  - Arbitration Agreement: The Issue of Arbitrability in Nigeria Arbitration Practice
AU  - Greg Chukwudi Nwakoby
AU  - Charles Emenaogha Aduaka
AU  - Chiamaka Ifeatu Orabueze
Y1  - 2018/03/21
PY  - 2018
N1  - https://doi.org/10.11648/j.ijls.20180102.16
DO  - 10.11648/j.ijls.20180102.16
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 92
EP  - 101
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20180102.16
AB  - Arbitration agreement is the bedrock of every arbitral proceedings and it is the corner stone of the jurisdiction vested on the arbitrators to arbitrate on any matter referred to them. The agreement could take various forms and character (oral or written) depending on the governing law. It is not all issues and subject matters that are arbitrable. Different national legislation and public policy have limited the scope of arbitration with respect to the issue of arbitrability. Not all matters are capable of being referred to arbitration. Certain matters are reserved for the court alone and if an arbitral tribunal purports to deal with them the resulting award will be unenforceable. We have arbitrability based on agreement and arbitrability based on law and public policy. In this work, efforts shall be made to address all issues with respect to arbitration agreement under the Act and the concept of arbitrability.
VL  - 1
IS  - 2
ER  -

Copy | Download