Comparative Guides
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Results: 4 Answers
International Arbitration
3.
Arbitration agreement
3.1
What are the validity requirements for an arbitration agreement in your jurisdiction?
 
Nigeria
Under the Arbitration and Conciliation Act (ACA), arbitration agreements must be in writing and be contained in:

  • a document signed by the parties;
  • an exchange of letters, telex, telegrams or other means of communication which provides a record of the arbitration agreement; or
  • an exchange of statements of claim and defence in which the existence of an arbitration agreement is alleged by one party and not denied by another.

The Lagos Arbitration Law contains similar provisions concerning the written form of an arbitration agreement, but goes further to stipulate that ‘writing’ includes data that provides a record of the agreement or is otherwise accessible so as to be useable for subsequent reference. It further defines ‘data’ in a more extensive manner, so as to better capture electronically generated material.

For more information about this answer please contact: Babajide Ogundipe from Sofunde Osakwe Ogundipe & Belgore
3.2
Are there any provisions of legislation or any other legal sources in your jurisdiction concerning the separability of arbitration agreements?
 
Nigeria
Both the ACA (Section 12(2) and the Lagos Arbitration Law (Section 19(2)) provide for the separability of arbitration agreements.

For more information about this answer please contact: Babajide Ogundipe from Sofunde Osakwe Ogundipe & Belgore
3.3
Are there provisions on the seat and/or language of the arbitration if there is no agreement between the parties?
 
Nigeria
Sections 16(1) and 18(1) of the ACA provide for the tribunal’s powers as to the language and seat of arbitration in the absence of the parties’ agreements. Section 16 enables the tribunal to determine the language or languages to be used, bearing in mind the relevant circumstances of the case, in the absence of agreement between the parties. Section 18 stipulates that the place of arbitration is to be determined by the tribunal, in the absence of any provision to that effect in the agreement, having regard to the circumstances of the case, including the convenience of the parties. The Lagos Arbitration Law provides, at Section 33(1), for the tribunal to determine the seat of arbitration in the absence of any agreement between the parties; and Section 36(1) provides that the language of the arbitration, in the absence of any agreement between the parties, shall be English.

For more information about this answer please contact: Babajide Ogundipe from Sofunde Osakwe Ogundipe & Belgore