Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
International Arbitration
5.
The parties
5.1
Are there any restrictions on who can be a party to an arbitration agreement?
Nigeria

Answer ... There are no restrictions on who can be a party to an arbitration agreement. However, only the parties to an arbitration agreement can benefit therefrom.

For more information about this answer please contact: Colin Egemonye from Goldsmiths Solicitors
5.2
Are the parties under any duties in relation to the arbitration?
Nigeria

Answer ... Yes. The parties have the duty to raise in a timely manner any objection to the jurisdiction of the arbitral tribunal or the fact that the arbitral tribunal is exceeding the scope of its authority under Sections 12(3)(a) and (b) of the Arbitration and Conciliation Act.

The party commencing the arbitration is obliged to give notice of arbitration to the other party by virtue of Article 3 of the Arbitration Rules of the Arbitration and Conciliation Act.

The parties are also obliged to prove the facts that they rely on to support their claim or defence (Article 24 of the Arbitration Rules).

Article 25 of the Arbitration Rules of the Arbitration and Conciliation Act provides that where there is an oral hearing, any party intending to present witnesses must communicate to the tribunal and to the other party, at least 15 days before the hearing, details which include:

  • the names and addresses of the witnesses; and
  • the languages in which they will give their testimonies.

Where the arbitral tribunal appoints experts, the parties must provide relevant information or document to the experts by virtue of Article 27 of the Arbitration Rules.

For more information about this answer please contact: Colin Egemonye from Goldsmiths Solicitors
5.3
Are there any provisions of law which deal with multi-party disputes?
Nigeria

Answer ... No.

For more information about this answer please contact: Colin Egemonye from Goldsmiths Solicitors
Contributors
Topic
International Arbitration