Answer ... 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.
Answer ... Both the ACA (Section 12(2) and the Lagos Arbitration Law (Section 19(2)) provide for the separability of arbitration agreements.
Answer ... 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.