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Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Judicial Intervention in Arbitration: Unresolved Jurisdictional Issues Concerning Arbitrator Appointments in Nigeria
Author(s): Wingate, Emmanuel Onyedi
Okoli, Pontian N
Keywords: Arbitration
subject matter jurisdiction
legal complexity
appointment of arbitrators
judicial intervention
dispute resolution
Issue Date: 5-Apr-2021
Date Deposited: 20-Apr-2021
Citation: Wingate EO & Okoli PN (2021) Judicial Intervention in Arbitration: Unresolved Jurisdictional Issues Concerning Arbitrator Appointments in Nigeria. Journal of African Law.
Abstract: Parties find it difficult to determine which Nigerian High Court should intervene in the appointment of arbitrators due to conflicting judicial precedents. This perennial challenge has defied any legal solution. Considering relevant case law, this article examines the Arbitration and Conciliation Act (ACA) vis-à-vis the Nigerian Constitution. The main argument is that the Nigerian Constitution read alongside the ACA confers the Federal High Court with additional jurisdiction to appoint arbitrators regardless of which court has jurisdiction concerning the underlying dispute. There are also uncertainties regarding the intervention jurisdiction of Nigeria's National Industrial Court to appoint arbitrators. Currently, no other court can exercise intervention jurisdiction in employment disputes. This article analyses recent decisions of the National Industrial Court and argues that this Court can only intervene to appoint arbitrators where both parties request the appointment in a pending action before the Court. It is also argued that decisions concerning the appointment of arbitrators through judicial intervention can be appealed.
DOI Link: 10.1017/s0021855321000103
Rights: This article has been published in a revised form in Journal of African Law This version is published under a Creative Commons CC-BY-NC-ND. No commercial re-distribution or re-use allowed. Derivative works cannot be distributed. © SOAS University of London, 2021.
Notes: Output Status: Forthcoming/Available Online
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