Arbitration Agreement: The Issue of Arbitrability in Nigeria Arbitration Practice
International Journal of Law and Society
Volume 1, Issue 2, June 2018, Pages: 92-101
Received: Jan. 5, 2018;
Accepted: Feb. 25, 2018;
Published: Mar. 21, 2018
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Greg Chukwudi Nwakoby, Department of international Law and Jurisprudence, Faculty of Law, Nnamdi Azikiwe University, Awka, Nigeria
Charles Emenaogha Aduaka, Department of international Law and Jurisprudence, Faculty of Law, Nnamdi Azikiwe University, Awka, Nigeria
Chiamaka Ifeatu Orabueze, Department of international Law and Jurisprudence, Faculty of Law, Nnamdi Azikiwe University, Awka, Nigeria
Arbitration agreement is the bedrock of every arbitral proceedings and it is the corner stone of the jurisdiction vested on the arbitrators to arbitrate on any matter referred to them. The agreement could take various forms and character (oral or written) depending on the governing law. It is not all issues and subject matters that are arbitrable. Different national legislation and public policy have limited the scope of arbitration with respect to the issue of arbitrability. Not all matters are capable of being referred to arbitration. Certain matters are reserved for the court alone and if an arbitral tribunal purports to deal with them the resulting award will be unenforceable. We have arbitrability based on agreement and arbitrability based on law and public policy. In this work, efforts shall be made to address all issues with respect to arbitration agreement under the Act and the concept of arbitrability.
Greg Chukwudi Nwakoby,
Charles Emenaogha Aduaka,
Chiamaka Ifeatu Orabueze,
Arbitration Agreement: The Issue of Arbitrability in Nigeria Arbitration Practice, International Journal of Law and Society.
Vol. 1, No. 2,
2018, pp. 92-101.
Copyright © 2018 Authors retain the copyright of this article.
This article is an open access article distributed under the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0/
) which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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