Litigation Law, Mediation Law and Arbitration Law

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
11 Plc V. Milan Industries Ltd & 2 Ors. (SC/CV/374/2023):  Right Of Access To Court And The Constitutional Limits Of Ouster Clauses
The Supreme Court's decision in 11 PLC v. Milan Industries Ltd raises critical questions about the constitutional validity of statutory ouster clauses that restrict judicial remedies. While upholding AMCON's powers to enforce mortgage securities and sell collateralized assets, the court controversially held that Section 34(6) of the AMCON Act validly ousts courts' jurisdiction to grant restorative reliefs, limiting aggrieved parties to monetary compensation only. This interpretation conflicts with constitut
Nigeria Litigation
BC
Babalakin & Co.Legal Practitioners
Article
Third-Party Funding Of Litigation In Nigeria: Legality And Ethical Issues In Nigeria
Litigation in Nigeria is very expensive, and a party with a substantial and valid claim may be discouraged from enforcing the claim due to the expensive nature of litigation and the time spent in court. It is for this reason that a party may consider Third Party Funding (TPF). TPF of litigation is a means for financially incapacitated parties to have the financial support of a third party to finance a court proceeding for enforcement of their rights or claims.
Nigeria Litigation
TT
The Trusted Advisors
Article
Who Wrote The Award? Artificial Intelligence Decided Awards As The Next Frontier For Challenging Arbitral Awards: Lessons From ARIHQ v Santé Québec And LaPaglia v Valve Corporation
The emergence of generative artificial intelligence in arbitration raises fundamental questions about the legitimacy of arbitral awards when AI assists in decision-making. Two landmark cases examine whether extensive AI reliance by arbitrators constitutes impermissible delegation of their adjudicative function, and whether existing legal frameworks can adequately address these novel challenges.
Nigeria Litigation
GE
G ELIAS
Article
Raising A Rule 6(5)(d)(iii) Notice Before The Rule 53 Record: An Irregular Step Or A Competent Election?
A Constitutional Court decision has clarified a critical procedural question in South African administrative law: whether respondents can raise dispositive legal objections before producing the Rule 53 record in review proceedings. The ruling addresses the tension between an applicant's right to supplement their case after receiving the administrative record and a respondent's ability to challenge the review on purely legal grounds at an early stage.
South Africa Litigation
FW
Fairbridges
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Webinars

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LD
Litigation Dispute Resolution
IA
International Arbitration
EF
Enforcement of Foreign Judgments

Personal Injury

Article
When A Gate Falls: Lessons In Property Owner Liability For The Insurance Industry
A South African court held a landlord liable for severe injuries sustained by a minor child when a heavy sliding gate toppled onto him at rented premises. The judgment examined whether the landlord breached his duty to maintain reasonably safe premises and whether the absence of adequate safety mechanisms constituted negligence, with significant implications for property owner liability insurance.
South Africa Real Estate
AA
Adams & Adams
Article
South African Constitutional Court Settles Debate On When Clock Starts Ticking On Interest For General Damages
The South African Constitutional Court examined a critical question in damages law: when should interest begin accruing on awards for general damages in cases of unlawful arrest and detention? The ruling in Minister of Police v Khedama establishes a definitive framework for calculating interest on unliquidated debts, distinguishing between pecuniary losses and general damages to prevent overcompensation.
South Africa Litigation
E
ENS
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Civil Law

Article
Third-Party Funding Of Litigation In Nigeria: Legality And Ethical Issues In Nigeria
Litigation in Nigeria is very expensive, and a party with a substantial and valid claim may be discouraged from enforcing the claim due to the expensive nature of litigation and the time spent in court. It is for this reason that a party may consider Third Party Funding (TPF). TPF of litigation is a means for financially incapacitated parties to have the financial support of a third party to finance a court proceeding for enforcement of their rights or claims.
Nigeria Litigation
TT
The Trusted Advisors
Article
Respecting The Lens, Part 2: Why "I Didn't Know I Needed Permission" Is Not A Copyright Defence
A recent High Court judgment clarifies a critical misconception in copyright law: believing you have permission to use protected work is not the same as believing no copyright exists. This distinction has significant implications for businesses that routinely download and use photographs found online, assuming they are free to use simply because they are widely accessible.
South Africa IP
AA
Adams & Adams
Article
Redefining Spousal And Child Maintenance Jurisprudence In Nigeria
The Supreme Court of Nigeria has issued a landmark ruling in Ugbah v. Ugbah that fundamentally reshapes family law jurisprudence by establishing that wives and children can pursue maintenance claims as standalone actions without filing for divorce. This decision removes procedural barriers that previously limited access to financial support and affirms that children's welfare rights are enforceable regardless of their parents' marital status or relationship.
Nigeria Family
TA
Tunde & Adisa
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Disclosure & Electronic Discovery & Privilege

Article
Who Wrote The Award? Artificial Intelligence Decided Awards As The Next Frontier For Challenging Arbitral Awards: Lessons From ARIHQ v Santé Québec And LaPaglia v Valve Corporation
The emergence of generative artificial intelligence in arbitration raises fundamental questions about the legitimacy of arbitral awards when AI assists in decision-making. Two landmark cases examine whether extensive AI reliance by arbitrators constitutes impermissible delegation of their adjudicative function, and whether existing legal frameworks can adequately address these novel challenges.
Nigeria Litigation
GE
G ELIAS
Article
Litigation Privilege And Insurer-commissioned Expert Reports: A Recent Reaffirmation
A High Court judgment has reinforced the protection of litigation privilege for expert reports commissioned by insurers during pending litigation. When a loss adjuster's preliminary report was requested for disclosure, the court examined whether it qualified for privilege protection and what implications this holds for the insurance industry's handling of expert assessments in claims disputes.
South Africa Litigation
AA
Adams & Adams
Article
When Is A Document Privileged?
The Gauteng High Court's judgment in TMM Holdings v Skycastle Securities examines when litigation privilege protects documents from disclosure, specifically addressing whether insurance claim forms and investigative reports created for multiple purposes qualify for privilege. The court applied the dominant purpose test to determine if documents prepared simultaneously for insurance claims, internal investigations, and potential litigation must be disclosed in discovery proceedings.
South Africa Litigation
E
ENS
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Trials & Appeals & Compensation

Article
Raising A Rule 6(5)(d)(iii) Notice Before The Rule 53 Record: An Irregular Step Or A Competent Election?
A Constitutional Court decision has clarified a critical procedural question in South African administrative law: whether respondents can raise dispositive legal objections before producing the Rule 53 record in review proceedings. The ruling addresses the tension between an applicant's right to supplement their case after receiving the administrative record and a respondent's ability to challenge the review on purely legal grounds at an early stage.
South Africa Litigation
FW
Fairbridges
Article
Who Is Responsible When Oil Pollution Destroys A Community?
When oil pollution devastates a community, determining legal responsibility involves more than identifying the company connected to the spill. The answer requires examining statutory provisions like the Oil Pipelines Act, common law tort principles, third-party interference claims, and government obligations under Nigeria's Constitution, with liability turning on specific questions of negligence, maintenance standards, and causation.
Nigeria Environment
OA
Olisa Agbakoba Legal (OAL)
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Latest Videos

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