Academic literature on the topic 'Arbitration and award – Nigeria'

“Reservations about any concept do not automatically discredit it but allow for healthy and open debate to take place… the discussions that can arise from any such criticism, constructive or otherwise, can often lead to a greater awareness of the values of the system and ways in which it can be strengthened and made more effective in the interests of the general public.”This article critically examines the controversies surrounding the law and practice of customary arbitration in Nigeria against the background of the decision of the Nigerian Supreme Court in Agu v. Ikewibe. The case law on customary arbitration is briefly reviewed with a view to demonstrating that prior to the Agu case, there existed a divergence of opinion among judges on some fundamental principles of the law and practice of customary arbitration in Nigeria, particularly with respect to the right of the parties to withdraw at any stage of the arbitration proceedings or even after the award is rendered. The article disagrees with the views of some judges and learned scholars that theres no distinction between customary arbitration and other consensus-oriented dispute resolution methods such as negotiation and conciliation. In disagreeing with these views, it is argued that in distinguishing customary arbitration from negotiation or conciliaion, the nature of the decision-making process should be of paramount consideration. It will further be argued that the binding nature or enforcement of the decisions of a judicial or quasi-judicial body differs from society to society. These enforcement mechanisms should not be divorced from the social relationships existing in a particular society. In conclusion, the article endorces the decision of the Supreme Court in Agu v. Ikewibe as the correct restatement of the law and practice of customary arbitration in Nigeria.

AbstractAgu v Ikewibe has been widely interpreted as holding that a customary arbitration award is binding only if none of the parties rejected the award after it was made; it has been widely criticized for this reason. However, the Nigerian Supreme Court has reached decisions, subsequent to though not as notorious as Agu v Ikewibe, to the effect that post-award consent is not necessary to found a binding customary arbitration award. This article contends that Agu v Ikewibe did not indeed decide what has been ascribed to it over the years, or that, even if it did, that decision is not supported by the previous judicial authorities upon which it claimed to have relied. Reference is also made to the current predominant indications from the Nigerian Supreme Court that post-award consent is not necessary to establish a binding customary arbitration award.

<em>Arbitration has been known since ancient times, Arbitration is an ancient system known to the ancient Greeks and Romans, and the first origins of arbitration was in the ancient Roman era. Arbitration is a legal path that seeks to resolve disputes when parties choose to deal with it. The result of the arbitration is called an arbitration award. Where this judgment is issued as a decision of rights and it is binding for opponents subject to it, and when the opponent who has the right obtained an arbitration award for his benefit, this arbitration award does not pay off the purpose of it only after the implementation of the other opponent for what it says. The issue of Execution of arbitration award is very important, and the arbitration decision includes judgment on the parties to the dispute and giving the right to another party and may also include binding the parties as if the expenses were divided between them. As for the implementation of the arbitrators award, it is only if the arbitration award has reached a certain degree of strength, so that the objection to it does not have an impact on its executive power or its enforcement, and this is with the approval of the judiciary. The role of the observer of the arbitration procedures upon the issuance of the arbitration award, in addition to that he plays an important role through the arbitration procedures from bringing a witness or bringing papers from a government agency, and from that we reach the research point where the judiciary and arbitration are connected through oversight of the arbitration award after its issuance as The judiciary determines the fate of the entire arbitration process, as it can nullify this ruling or make it enforceable</em>

A copyright violation occurs when someone makes an announcement or reproduction of a work without permission from the creator or copyright holder. If this happens, the creator or copyright holder can bring his dispute to be resolved through alternative dispute resolution or arbitration. However, the Law No. 28 of 2014 concerning Copyright does not regulate the mechanism for resolving copyright disputes through arbitration. The purpose of this study is to determine the mechanism for resolving disputes over copyright infringement through arbitration and the mechanism for canceling decisions on resolving disputes over copyright infringement through arbitration. This research uses normative legal research. From the results of the study, the initial stage of the mechanism of resolving disputes over copyright infringement through arbitration begins with the submission of the request for arbitration. Furthermore, the applicant makes a claim letter and proceed with the selection and appointment of the arbitrator. Then the arbitration examination. The final stage of the trial in arbitration is the submission of the award to the parties, and continued with the implementation of the arbitration award. An arbitration award can be requested to be canceled. The mechanism for cancellation of a national arbitration award begins by registering an arbitration award for cancellation at the Registrar's Office of the District Court. Then the court will examine the facts about whether or not the reasons stated by the applicant to cancel the arbitration award. If no, the application is rejected, but if the facts are found, the court is only authorized to cancel part of the arbitration award.

On 9 October 1998, an Arbitral Tribunal handed down its Award regarding the first stage of an arbitration between Eritrea and Yemen. The Award determined, firstly, the scope of the dispute between the parties and, secondly, the sovereignty of small islands, islets, rocks and low-tide elevations sprinkling in the Red Sea between the respective coast lines of the two states. Whilst closely examining concepts raised by the parties such as historic title, the Tribunal was ultimately swayed by factors of geographical appurtenance, recent demonstrations of governmental authority and functions of state, and, to a lesser extent, the area's legal history. The Award contributes to the body of law on territorial sovereignty and to an understanding of the role of arbitration in the peaceful resolution of disputes.

<p><em>Available remedies to challenge arbitral awards in Pakistan are modification, remission, annulment and revocation of recognition and enforcement. Arbitration is a method through which disputing parties resolve their disputes outside the Court by avoiding technicalities of procedural law. If there is irregularity regarding process and procedure of arbitral tribunal, parties to an arbitration agreement may apply against it in the Court. Arbitrator files an arbitral award in the Court after completion of arbitral proceedings. If arbitral award is domestic and comes under ambit of Civil Court, arbitrator files arbitral award there but in case of foreign arbitral award, parties to arbitration agreement are required to file arbitral award with arbitration agreement and in case if arbitral award and arbitration agreement are not in official language of Pakistan, translation in official language is required to be submitted before High Court for implementation of arbitral award in Pakistan. Aggrieved party to arbitration agreement may challenge arbitral award before the Court for modification under section 15, for remission under section 16 and for setting aside under section 30 of the Arbitration Act 1940. Recognition and enforcement of an arbitral award may be challenged under article 5 of the New York Convention 1958. The UNCITRAL Model Law 1985 and other relevant International Conventions are not applicable in Pakistan thus aggrieved party may not avail grounds mentioned in these Statutes for modification, remission, setting aside and revocation. Pakistan is an Islamic country hence no award can be implemented in Pakistan if it is against injunctions of Islam under the light of Holy Quran and Sunnah of Prophet Muhammad </em><em>ï·º</em><em> </em><em>which comes under ambit of public policy which is one of the grounds for revocation of recognition and enforcement of an arbitral award in Pakistan. </em></p>