• Dispute Resolution in the Nigerian Capital Market: An Examination of the Role of the Administration Proceedings Committee

    Dispute Resolution in the Nigerian Capital Market: An Examination of the Role of the Administration Proceedings Committee

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    Professor Augustine Agom, Head of Department, Commercial Law Ahmadu Bello University, Zaria in his article, “Dispute Resolution in the Nigerian Capital Market: An Examination of the Role of the Administrative Proceedings Committee”, considers the role of the Administrative Proceedings Committee in the resolution of disputes, its creation, constitution, and procedure. He tackles the criticisms against the Committee especially the allegations of determination of issues with elements of crime, and of violation of fair hearing by the Committee due to the all-pervading influence of the Securities and Exchange Commission.

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  • Section 20 of the Admiralty Jurisdiction Act 1991 - Limited Interdiction or Tempering the Doctrine of Pacta Sunt Servanda

    Section 20 of the Admiralty Jurisdiction Act 1991 – Limited Interdiction or Tempering the Doctrine of Pacta Sunt Servanda

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    Olabode Olanipekun, Managing Partner, Wole Olanipekun & Co, in his article, “Section 20 of the Admiralty Jurisdiction Act 1991 – Limited Interdiction or tempering the Doctrine of Pacta Sunt Servanda“, benchmarks the provision of section 20 of the Admiralty Jurisdiction Act, 1991, which invalidates any contractual provision that ousts the jurisdiction of Nigerian courts in the circumstances listed in the section, against the time honored and judicial sanctioned contractual principle of pacta sunt servanda, which anticipates that parties to a contract will adhere strictly to its terms in all its ramifications including the venue of the determination of any dispute that arises from the contract. He reviews the issues against the background of decided cases, noting the position in other jurisdictions, and concludes with a thought on the Hamburg Rules and dispute resolution.

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  • Access to Court and the Doctrine of Ripeness in Settlement of Chieftaincy Disputes in Nigeria

    Access to Court and the Doctrine of Ripeness in Settlement of Chieftaincy Disputes in Nigeria

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    Gbenga Ojo, Lecturer, Lagos State University and Principal, Gbenga Ojo & Co in his article “Access to Court and the Doctrine of Ripeness in Settlement of Chieftaincy Disputes in Nigeria” undertakes a comprehensive appraisal, through case law, of the effect of non-compliance with the conditions precedent or statutory requirements for exhausting administrative remedies in settlement of chieftaincy disputes before seeking judicial remedy.

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  • Arbitration in Nigeria - A Review of Law and Practice

    Arbitration in Nigeria – A Review of Law and Practice

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    David Ike, Lecturer, Faculty of Law, Imo State University, Owerri in his article “Arbitration in Nigeria-A Review of Law and Practice” gives an overview of the development of arbitration and its practice in Nigeria. He discusses current issues in arbitration including the constitutionality of section 34 of the Arbitration and Conciliation Act, pre-emptive court proceedings, recognition and enforcement of arbitral awards, and arbitrators’ fees.

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  • Arbitrating Intellectual Property Disputes: Issues and Perspectives

    Arbitrating Intellectual Property Disputes: Issues and Perspectives

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    Professor Paul Idornigie, SAN & Professor Adebambo Adewopo, both of the Nigerian Institute of Advanced Legal Studies in their article, “Arbitrating Intellectual Property Disputes: Issues and Perspectives” examines the nature of Intellectual Property Rights (IPRs) and IP disputes, the rational basis for arbitration and the contentious issue of arbitrability and its application to IP disputes. The article argues that prima facie IP disputes are arbitrable, but not without its own challenges, which border on the peculiar nature of IPRs and their enforcement. Drawing perspective from the WIPO arbitration system, the article presents a case for arbitration regime for emerging IP disputes among parties within the framework of increasingly complex commercial and transnational transactions in Nigeria.

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  • The Multi-door Courthouse Concept: A Revolution in Alternative Dispute Resolution

    The Multi-door Courthouse Concept: A Revolution in Alternative Dispute Resolution

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    Gogo Otuturu, Principal Partner, Crown Chambers and Senior Lecturer, Department of Legal Studies, Bayelsa State College of Arts and Science, Elebele, Yenagoa in “The Multi-Door Courthouse Concept: A Revolution In Alternative Dispute Resolution” examines the various forms of alternative dispute resolution, the challenge of enforcement of ADR awards and the attraction of the Multi-Door Courthouse concept.

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