Overview
Kenna Partners | October 29th, 2015
The Principal Partner, Kenna Partners, Professor Fabian Ajogwu, SAN, at the just concluded Second Annual Conference of the International Law Association (Nigerian Branch), spoke on the theme: Nigeria: A Preferred Arbitration Seat for International Arbitration. Professor Ajogwu, SAN, FCIArb, noted that a fundamental choice that contracting parties must make in relation to arbitration at the outset is where the seat of that arbitration will be, i.e. which country’s laws will govern the procedure of the arbitration and which country’s courts will oversee it. He pointed out that in international arbitration, the seat (or place) of arbitration has an important role to play.
According to the learned Senior Advocate of Nigeria and Professor, a discussion on the key elements that make Nigeria a preferred seat for international arbitration, id est, awards and protection of integrity of awards, will fill an important gap in literature, as well as provide policy guidance. The discussion of these key elements will also redirect the attitude of the Courts, counsel and parties to arbitration especially the party that lost at the arbitration panel. The learned professor submitted that Nigeria like other nations has a number of arbitration legal regimes and institutions which also help to shape the face of her arbitration practice. Going forwarded, the learned Senior Advocate of Nigeria stated that the idea that International Awards can be enforced as the Judgement of either the Federal or the State High Court in Nigeria without having recourse to the subject matter of the dispute to determine proper jurisdiction make Nigeria an attractive choice for the seat of International Arbitration.
He concluded by saying that Nigeria’s participation in international arbitration has improved tremendously with Nigeria being signatories to international treaties or rules, or by Nigerians being members to international arbitration organisations and institutions. He maintained that Nigeria is fast becoming a desirable seat for international arbitration, which can of course get better if we take pro-active steps to review our arbitration laws and rules like Singapore and Switzerland meeting emerging trends and demands.
The conference which took place on Thursday, October 29, 2015 at the International Centre for Arbitration & ADR, Lagos, was a gathering of crème de la crème of Justices, arbitrators, corporate executives practising and in-house Counsel in Nigeria. Present at the occasion were among others the Chief Justice of Nigeria, Hon. Justice Mahmud Mohammed, GCON (represented); Hon. Justice Folashade Bankole-Oki of the Lagos State High Court; Mrs. Adedoyin Rhodes- Vivour, FCIArb; Mr. Olasupo Shasore, SAN, FCIArb President Lagos Court of Arbitration Mr. Chidi Momah, General Counsel/Legal Adviser, NNPC and many others.
