• Enforcement of Arbitral Awards: Navigating the Uncertainties of Public Policy Defence

    Enforcement of Arbitral Awards: Navigating the Uncertainties of Public Policy Defence

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    Chimezie Onuzulike in his article, Enforcement of Arbitral Awards: Navigating the Uncertainties of Public Policy Defence, examines the contemporary trends in public policy defence as a ground for resisting the enforcement of or setting aside arbitral awards. One of the reasons for the attractiveness of arbitration is the finality of the resulting award. Although in principle, arbitral awards are final -and should in fact be so-, in practice this is not necessarily so. Award debtors always find reasons to resist the enforcement of awards, or worse, to apply to set them aside on one of the permissible grounds. One of such permissible grounds is the public policy ground. Public policy is a relative concept dependent on the prevailing moral, social, political, economic or legal principles of each state. Since public policy Is based on application of a state’s legal principles and values, States continue to expand the list of acts that may be seen as contrary to public policy. Recently, the Russian Courts in two cases refused enforcement of an arbitral award on public policy grounds because- in one case- the award creditor, and- in the other case- the arbitrators were nationals of a country deemed ‘unfriendly’ under Russian legislation.

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  • The Gravitas Review of Business & Property Law Vol.15 No.3

    The Gravitas Review of Business & Property Law Vol.15 No.4 – Print

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    In this issue of  The Gravitas Review of Business & Property Law Vol.15 No.4, there are well researched articles on:

    • Taxation
    • Arbitration Law & Practice
    • International Investments
    • Litigation Practice & Procedure
    • Education – Commentary
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  • The-Gravitas-Review-of-Business-&-Property-Law-Vol.15-No.4

    The Gravitas Review of Business & Property Law Vol.15 No.4 – E-Book

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    In this issue of  The Gravitas Review of Business & Property Law Vol.15 No.4, there are well researched articles on:

    • Taxation
    • Arbitration Law & Practice
    • International Investments
    • Litigation Practice & Procedure
    • Education – Commentary
    5,000.00
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  • The-Gravitas-Review-of-Business-&-Property-Law-Vol.15-No.4

    The Gravitas Review of Business & Property Law Vol.15 No.4

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    In this issue of  The Gravitas Review of Business & Property Law Vol.15 No.4, there are well researched articles on:

    • Taxation
    • Arbitration Law & Practice
    • International Investments
    • Litigation Practice & Procedure
    • Education – Commentary
    5,000.00
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  • The Gravitas Review of Business & Property Law Vol.15 No.3

    The Gravitas Review of Business & Property Law Vol.15 No.3 – Print

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    In this issue of  The Gravitas Review of Business & Property Law Vol.15 No.3, there are well researched articles on:

    • Arbitration Law & Practice
    • Banking Law & Practice
    • Energy Law
    • Intellectual Property Law
    • Taxation
    5,000.00
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  • The Gravitas Review of Business & Property Law Vol.15 No.3

    The Gravitas Review of Business & Property Law Vol.15 No.3 – E-Book

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    In this issue of  The Gravitas Review of Business & Property Law Vol.15 No.3, there are well researched articles on:

    • Arbitration Law & Practice
    • Banking Law & Practice
    • Energy Law
    • Intellectual Property Law
    • Taxation
    5,000.00
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  • The Gravitas Review of Business & Property Law Vol.15 No.3

    The Gravitas Review of Business & Property Law Vol.15 No.3

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    In this issue of  The Gravitas Review of Business & Property Law Vol.15 No.3, there are well researched articles on:

    • Arbitration Law & Practice
    • Banking Law & Practice
    • Energy Law
    • Intellectual Property Law
    • Taxation
    5,000.00
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  • Situating the Efficacy of Arbitration Agreements Vis-à-Vis the Inherent Jurisdiction of National Courts under Nigerian Law

    Situating the Efficacy of Arbitration Agreements Vis-à-Vis the Inherent Jurisdiction of National Courts under Nigerian Law

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    Stanley Nweke-Eze, in his article Situating the Efficacy of Arbitration Agreements Vis-à-Vis the Inherent Jurisdiction of National Courts under Nigerian Law, examines the efficacy of Arbitration agreements in the settlement of commercial disputes and the jurisdiction of national courts. The choice of arbitration as the preferred mechanism for the settlement of commercial disputes is on the rise. This holds true, even in the Nigerian context, since parties have the freedom to choose the forum for resolving any differences that may arise between them, and arbitration is usually the preferred choice for a myriad of reasons. However, irrespective of the choice or agreement of the parties regarding the forum for dispute resolution, a party may still invoke the inherent jurisdiction of the Nigerian courts to resolve such disputes. Oftentimes, this leads to a potential tension between the choice of the parties and the inherent jurisdiction of the national courts. Nweke-Eze analyses the effectiveness of contractual agreements to settle disputes by arbitration in the face of the inherent jurisdiction of Nigerian courts to resolve those disputes, notwithstanding the parties’ agreement to the contrary.

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  • Arbitral Proceedings and Award Enforcement in Zhongshan Fucheng Industrial Investment Co Ltd v Nigeria – Revisited

    Arbitral Proceedings and Award Enforcement in Zhongshan Fucheng Industrial Investment Co Ltd v Nigeria – Revisited

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    Joshua Olewu and Arinze Ezeagu in their article, Arbitral Proceedings and Award Enforcement in Zhongshan Fucheng Industrial Investment Co Ltd v Nigeria – Revisited, examine jurisdictional issues arising from the enforcement of arbitral award in the celebrated case of Zhongshan Fucheng Industiral investment Co. Ltd v FRN. Cross-border commerce, investor-state disputes, and diplomatic relations are intensifying in associative growth and spread across many jurisdictions. Dispute resolution and challenges associated with enforcing international arbitral awards become more pronounced particularly when state-owned assets are involved. The case of Zhongshan Fucheng Industrial Investment Co. Ltd v Federal Republic of Nigeria highlights the complexities surrounding the enforcement of arbitral awards against state-parties. Amongst other matters arising from this case, is the navigation of international law principles to find sovereign states responsible for internationally wrongful acts. Using a doctrinal approach, Olewu and Ezeagu analyze the Tribunals’ interpretations and applications of the key legal principles relevant to international investment arbitration. The research delves into the dialectics surrounding Nigeria’s resistance to the enforcement of the award and the need for adherence to international legal norms. The findings suggest that while Nigeria sought to protect its sovereignty, its stance poses significant implications for its credibility and reliability in international arbitration. The study concludes by emphasizing the need for legal clarity and consistency in Nigeria’s commitment to upholding international arbitration agreements. This research contributes to the ongoing discourse on the enforcement of transnational arbitral awards and the evolving dynamics of international arbitration obligations.

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  • Nigerian Company and Securities Law Reports (NCSLR) 1958-2017 Volumes 1-7

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    Nigerian Company and Securities Law Reports (NCSLR) 1958-2017 Volumes 1-7, edited by Professor Joseph Abugu, and published by The Gravitas Legal and Business Resources Limited,  is a composite compendium of superior court decisions on Corporate and Securities law.

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  • The Gravitas Review of Business & Property Law Vol.14 No.4

    The Gravitas Review of Business & Property Law Vol.14 No.4 – Print

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    In this issue of  The Gravitas Review of Business & Property Law Vol.14 No.4, there are well researched articles on:

    • Economic Crimes & Sanction
    • Taxation
    • Litigation Practice & Procedure
    • Environmental Law
    • Investments & Securities Law
    • Arbitration Law & Practice
    • Energy Law
    • Book Review
    5,000.00
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  • The Gravitas Review of Business & Property Law Vol.14 No.4

    The Gravitas Review of Business & Property Law Vol.14 No.4 – E-Book

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    In this issue of  The Gravitas Review of Business & Property Law Vol.14 No.4, there are well researched articles on:

    • Economic Crimes & Sanction
    • Taxation
    • Litigation Practice & Procedure
    • Environmental Law
    • Investments & Securities Law
    • Arbitration Law & Practice
    • Energy Law
    • Book Review
    5,000.00
    Add to basket