Comparative Guides
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Results: 4 Answers
International Arbitration
4.
Objections to jurisdiction
4.1
When must a party raise an objection to the jurisdiction of the tribunal and how can this objection be raised?
 
Nigeria
Under Section 12(1) of the Arbitration and Conciliation Act (ACA), jurisdictional objections must be raised no later than the date on which the objecting party submits its points of defence or, with respect to a counterclaim, in the reply to the counterclaim. Under Section 12(2), a plea that the tribunal has exceeded the scope of its authority can be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the proceedings. Similar provisions are contained in Section 19 of the Lagos Arbitration Law.

For more information about this answer please contact: Babajide Ogundipe from Sofunde Osakwe Ogundipe & Belgore
4.2
Can a tribunal rule on its own jurisdiction?
 
Nigeria
Under both the ACA and the Lagos Arbitration Law, a tribunal may rule on its own jurisdiction, either as a preliminary question or in an award on the merits. Under both laws, such ruling is stated to be final and binding.

For more information about this answer please contact: Babajide Ogundipe from Sofunde Osakwe Ogundipe & Belgore
4.3
Can a party apply to the courts of the seat for a ruling on the jurisdiction of the tribunal? In what circumstances?
 
Nigeria
Given the provisions of Section 34 of the ACA and Section 59(1) of the Lagos Arbitration Law, the courts shall not intervene in any matter governed by the ACA other than as provided in the ACA; and in the absence of any express provision enabling applications in respect of the jurisdiction of the tribunal to be made to the courts, the parties may not apply to the courts in Nigeria for a ruling on the jurisdiction of the tribunal. Where the tribunal’s decision on its jurisdiction is an issue, it would appear that recourse may be sought only in connection with an application to set aside an award.

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