DETERMINING THE ARBITRABILITY OF THE SUBJECT MATTER DISPUTE BY THE NIGERIAN COURTS AND ITS IMPACTS ON THE AWARDS
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Date
2023-04-16
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FACULTY OF LAW, REDEEMER UNIVERSITY, EDE.
Abstract
Globally, the issue of whether a particular subject is capable of being settled by arbitration or not is neither here nor there because it varies from jurisdiction to jurisdiction and besides, peculiarity of each State contributes to the kinds of disputes each State considers arbitrable. Thus, while a particular matter may be arbitrable in a specific State, it might not be in another State. The paper considered the concept of arbitrability from the relevant provisions in the ACA and its Second schedule. The paper discovered that to determine the question whether a dispute is arbitrable, recourse must be made to Section 35 and 57 of the Arbitration and Conciliation Act 2004 (ACA) and judicial cases in Nigeria. The paper argued that the narrow interpretation by the Nigerian courts on ‘arbitrability’ based on these identified provisions of the ACA 2004 which restricts disputes to contractual and commercial disputes only prevents the enforcement of foreign awards from jurisdictions with liberal interpretation.
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PPLRUNLAW REVIEW. VOL 2.