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ALTERNATIVE DISPUTE RESOLUTION LAW CASES [POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR]

AREAS COVERED: Formal Arbitration    Customary Arbitration    Mediation    Negotiation   Conciliation   Hybrid Legal Processes

Comprehensive A-Z PDF Copy of the Index below complete with "Citations" and "Main Issues" either singly or as a compendium of other CATEGORIES  - are available for a fee. Just fil this FORM HERE or email lawnigeria@gmail.com & treentrees@gmail.com or
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TITLE

MAIN ISSUES

A.T. AND E. CO. LTD. V. FEDERAL MILITARY GOVT.

ARBITRATION:- Right of appeal from High Court opinion on case stated by Arbitrator Words and Phrases - “Opinion” in S.15 of Arbitration Act synonymous with “decision”.

AECTRA REFINING AND MARKETING INC V. EXMAR NV

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Applicable principles

AFRICAN INSURANCE  DEVELOPMENT CORPORATION V. NIGERIA LNG LIMITED

ARBITRATION :– Arbitration clause – Scott v. Avery – How treated

AFZAL AND OTHERS  V. FORD MOTOR CO LTD

ALTERNATIVE DISPUTE RESOLUTION - ADMINISTRATION OF JUSTICE; Courts and Arbitration – How treated

 

AGU V. IKEWEBE

 

AGUDORO EKPE  V. BEN OKE

ARBITRATION:– Arbitration proceedings – statements submitted by parties to arbitrator – whether form part of proceedings.

AINA V. TRUSTEES NIG. RAILWAY CORP. PENSIONS FUND

 

AKPAN  V. UMANA

ARBITRATION:- Customary arbitration - Conditions precedent for validity of

AKPODIKE V.  NWABUEZE

ALTERNATIVE DISPUTE RESOLUTION – CUSTOMARY ARBITRATION:- Applicable principles

ALHAJI ABDULLAHI ATANDA KOLAWOLE V. ALHAJI SALAMI ADISA OLORI

ARBITRATION AND CONCILIATION - DECISION OF ARBITRATORS: Effect of the decision of arbitrators over a dispute

ALLIANZ VERSICHERUNGS AG AND OTHERS V. FORTUNA CO INC

ARBITRATION:– Commencement – Notice requiring appointment of arbitrator – Letter stating that claimant had appointed arbitrator – Whether letter effective to commence arbitration proceedings – Whether necessary for claimant to expressly call on respondent to appoint arbitrator in order to commence arbitration – Hague Rules, art III, r 6.

ALLIED MARINE TRANSPORT LTD V. VALE DO RIO DOCE NAVEGACAO SA

ALTERNATIVE DISPUTE RESOLUTION - ARBITRATION:- Notice of arbitration abandoned for five and half years – Whether evidence of abandonment of claim for want of prosecution or abandonment by accord and satisfaction

ANYABUNSI V. UGWUNZE

ARBITRATION:- Customary arbitration - Meaning and nature of - Decision thereon - Bindingness of Conditions precedent thereto

ARBITRATION - Customary arbitration - Provisions of the Arbitration and Reconciliation Art - Whether apply thereto.

ARBITRATION - Customary arbitration - Submission to by party - Whether can ground plea of estoppel.

ARIZE V. NIGERIAN NATIONAL PETROLEUM CORPORATION

ALTERNATIVE DISPUTE RESOLUTION – SETTLEMENT:- Request for adjournment of judicial proceedings so that parties can explore a settlement – Whether does not prejudice accrued legal rights of any party including right to object as to the manner of service

AWOPEJU V. FAMAKINWA

ALTERNATIVE DISPUTE RESOLUTION – ACCOUNT: - Reference to referee - Qualified accountant better suited as re­feree than a Registrar.

BAGGS V. LONDON GRAVING DOCK COMPANY, LIMITED.

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Workmen compensation proceedings – Nature of evidence allowed – Relevant questions for arbitrator

BAKER MARINE NIGERIA LIMITED V. CHEVRON NIGERIA LIMITED

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION: Arbitral Awards – Proper treatment of

BAKER MARINE NIGERIA LTD V. DANOS AND CUROLE MARINA CONTRACTORS INC

ARBITRATION:– Arbitral award – setting aside of – grounds for – Error of law that will warrant the setting aside of an arbitral award – what amounts to

ARBITRATION:– Misconduct by arbitrator – meaning of

BAYTUR SA V. FINAGRO HOLDING SA

ARBITRATION:– Claim – Assignment of claim – Effect of assignment – Whether assignee becoming party to arbitration – Whether assignee must give notice to other side and submit to jurisdiction of arbitrator – Whether award a nullity if assignee fails to give notice to other side and submit to jurisdiction of arbitrator.

BEAUFORT DEVELOPMENTS (NI) LTD V. GILBERT-ASH NI LTD AND ANOTHER

ALTERNATIVE DISPUTE RESOLUTION - ADMINISTRATION OF JUSTICE; Arbitration: CIVIL PROCEDURE:- Stay of court proceedings - Grant of stay - Building contract - Employer claiming damages against contractor and architects for breach of contract and negligence - Building contract providing for disputes to be referred to arbitration - Arbitrator having power to open up, review and revise architects' certificates and opinions - Whether court having similar power - Whether court proceedings should be stayed to enable dispute between employer and contractor to be settled by arbitration.

BENDEL FEED AND FLOUR MILLS LTD V. SEABOARD SALES CORPORATION

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:– Jurisdiction of an arbitrator – when in issue – Whether can be put in issue by privity of contract and the existence of a contract.

BILL CONSTRUCTION CO. LTD. V. IMANI & SONS  LTD SHELL TRUSTEES LTD (A JOINT VENTURE)

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Arbitral award - Setting aside of - Application for - Time limit therefor - Section 29, Arbitration and Conciliation Act – Effect of

BREMER VULKAN SCHIFFBAU UND MASCHINENFABRIK V. SOUTH INDIA SHIPPING CORPORATION

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Powers of an Arbitrator - Power to dismiss a claim for want of prosecution or dilatoriness – Source of - Whether arbitrator having same power as courts in litigation to dismiss claim for want of prosecution - Whether powers of an arbitrator are derived from the agreement of the parties – Where parties agree simply to refer any matters in dispute to arbitration without saying what powers the arbitrator is to have – Need to have recourse to the arbitrator’s powers as defined by the applicable law

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Powers of Arbitrator compared with that of a Judge – Whether arbitrator has power to do, and to require the parties to do, all the same things as a judicial officer could do – Whether could require the delivery of pleadings, disclosure of documents, allow or disallow the amendment of pleadings, fix a day for hearing, etc – When orders of an arbitrator are disobeyed – Whether he could have imposed sanctions for non-compliance

CALAIS SHIPHOLDING COMPANY V. BRONWEN ENGERY TRADING LIMITED

ARBITRATION - REGISTRATION OF FOREIGN AWARDS:- Whether an arbitral award obtained anywhere in the world can be registered and recognized by any court in Nigeria

FAWEHINMI CONST. CO. LTD. V. O.A.U.

ARBITRATION:- Application for stay of proceedings pending arbitration - Whether amounts to taking step in proceedings

FIDELITAS SHIPPING CO. LTD v.VO EXPORTCHLEB

ALTERNATIVE DISPUTE RESOLUTION:- Arbitration - Special case - Form - Interim award - Effect of award - Subsequent consultative case - Whether claim for demurrage excluded by cesser clause - Estoppel.

FINELVET AG V. VINAVA SHIPPING CO LTD

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Arbitral award -  Appeal – Basis on which award may be appealed – Need not to force Arbitrator into feeling pressured to make a finding on every likely issue – Distinction between cases where the element of judgment calls for special expertise on the part of the arbitrator and where it does not – Whether court obligated to honour an award, whatever the particular qualifications of the arbitrator who made it

FOOD CORP OF INDIA V. ANTCLIZO SHIPPING CORP

ARBITRATION:– Practice – Want of prosecution – Inordinate and inexcusable delay – Law reform – Need for legislation to give courts power to dismiss arbitration claims for want of prosecution.

FTC (UZDON) V. ROMAK S.A.

ALTERNATIVE DISPUTE RESOLUTION - ARBITRATION:- Landlord and tenant matters – Role of referree

FREEMAN V. DARTFORD BREWERY CO. LTD

ALTERNATIVE DISPUTE RESOLUTION - ARBITRATION:- Landlord and tenant matters – Role of referree

GAUMONT-BRITISH PICTURE CORPORATION LTD V. ALEXANDER

ALTERNATIVE DISPUTE RESOLUTION – HYBRID PROCESSES – ARBITRATION:- Use of an arbitrator to determine terms of a disputed contract for specialised services – Duty of court in utilising the arbitrator’s report – Whether can review awards and principles adopted by arbitrator

GBANGBOLA AND ANOTHER V. SMITH & SHERRIFF LTD

ARBITRATION:– Costs – Discretion of arbitrator – Exercise of discretion – Arbitrator relying on matters not raised by parties in making costs order – One of matters relating to question decided by arbitrator in interim award – Arbitrator failing to bring matters to parties’ attention before making costs order – Whether arbitrator’s failure to do so constituting serious irregularity – Whether interim award binding on arbitrator – Arbitration Act 1996, ss 33(1), 58(1), 68(2).

ARBITRATION:– Award – Setting aside award – Serious irregularity – Uncertainty or ambiguity as to effect of award – Applicants applying to court to challenge arbitrator’s order for costs and his award – Applicants failing to apply to arbitrator to remove ambiguities in award – Whether applicants’ failure to do so barring whole of application – Arbitration Act 1996, ss 57, 70(2).

GIDRXSLME SHIPPING CO LTD V. TANTOMAR-TRANSPORTES MARITIMOS LDA

CIVIL PROCEDURE: ADMINISTRATION OF JUSTICE: Arbitration – How treated

GOVERNMENT OF GIBRALTAR V. KENNEY AND ANOTHER

ALTERNATIVE DISPUTE RESOLUTION: Arbitration - Arbitrator - Jurisdiction - Frustration - Incidental claims - Contract for the rendering of professional services – Enforcement of Arbitration Clause - "Any dispute or difference ... in relation to any thing or matter arising out of or under this agreement ... shall be referred" to arbitration - Allegation that contract frustrated - Claim for remuneration on quantum meruit and for compensation under law Reform (Frustrated Contracts) Act, 1943 - Whether claims "arising out of ... agreement" - Whether claims within scope of reference to jurisdiction - Law Reform (Frustrated Contracts) Act, 1943 (6 & 7 Geo. 6, c. 40), s. 1 (3).




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