Nigeria International Arbitration Comparative Guide

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International Arbitration

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Applicable law issues

6.1

How is the law of the arbitration agreement determined in your jurisdiction?

Nigeria

Goldsmiths Solicitors

Answer ... The law of the arbitration agreement is determined according to the law designated by the parties as applicable to the substance of their dispute.

For more information about this answer please contact: Colin Egemonye from Goldsmiths Solicitors

6.2

Will the tribunal uphold a party agreement as to the substantive law of the dispute? Where the substantive law is unclear, how will the tribunal determine what it should be?

Nigeria

Goldsmiths Solicitors

Answer ... Yes. Any designation of the law or legal system will be construed to refer directly to the substantive law. Where the law to be applied has not been determined by the parties, the arbitral tribunal will apply the law determined by the conflict of the law rules which it considers applicable (Sections 47(2) and (3) of the Arbitration and Conciliation Act).

For more information about this answer please contact: Colin Egemonye from Goldsmiths Solicitors

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International Arbitration