-
A Field Not Covered: Arbitration and The Nigerian Constitution
0₦2,500.00Dr Gbenga Bamodu of the School of Law, University of Essex (UK) in a counterpose to a previous article published in The Gravitas Review argues in “A Field Not Covered: Arbitration and The Nigerian Constitution” that the doctrine of “covering the field” is inappropriate in the context of legislative competence over arbitration in Nigeria in holding that states’ legislatures cannot legislate on arbitration in view of the federal Arbitration and Conciliation Act 1988. Synthesising a range of sources including decided cases, he posits that states’ legislatures also have legislative competence over arbitration concerning interstate or international transaction disputes.
-
Limitation Period and Award: The Challenge with Computation of Time
0₦2,500.00Joseph Mbadugha, SAN, Visiting Professor of International Arbitration, Vilnius University, Lithuania and Principal, McCarthy Mbadugha & Co confronts a daunting issue in “Limitation Period and Award: The Challenge with Computation of Time.” He argues that as the courts have been strict in holding that, in enforcement of arbitral award, limitation period runs from the date of accrual of the original cause of action in the arbitration agreement and not from the date of the arbitral award, there could be two ways of enforcing an arbitral award with two distinct ticking clocks: enforcement of an award as a judgment of the court and enforcement as a breach of implied promise to perform a valid award. In the former, time begins to run from the date of accrual of the original cause of action that gave rise to the arbitration, while in the latter, time runs from the date the award debtor refused to perform the award.
