AN APPRAISAL OF THE ARBITRAATION LAW OF LAGOS STATE, 2009.
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Date
2017-07-17
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DEPARTMENT OF PUBLIC& INTERNATIONAL LAW, AL-HIKMAH UNIVERSITY
Abstract
Apart from the Act, which is a federal law, some constituent states have their respective arbitration law. One of this, is the Lagos State Arbitration Law No 10 of 2009 (LSAL) which applies to all arbitrations within the state except where parties have expressly agreed that another law should apply. However, despite the rising profile of arbitration as an alternative means of commercial disputes resolution, Nigeria continues to grapple with consequences of the constitutional architecture under the 1999 Constitution in respect of legislative competence to make laws on the subject matter of arbitration. This article contends that the initiative by Government of Lagos State of Nigeria is a welcome development. It concludes with the support for the decision of the Supreme Court in Attorney General of Abia State v. Attorney General of the Federation, that where there are inconsistency between the Act of the National Assembly and a law passed by a House of Assembly, the state law is void to the extent of the inconsistency. The legal consequence, albert regrettable, is that the Arbitration and Conciliation Act in the Nigerian arbitration statute applicable to domestic and international commercial arbitration and prevails over Lagos State Arbitration Law, 2009. The later is, in consequence, only applicable to noncommercial arbitration
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AUJPIL VOL1 NO 1