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The Gravitas Review of Business & Property Law Vol.10 No.3
0₦5,000.00In this issue of The Gravitas Review of Business & Property Law Vol.10 No.3, there are well researched articles on:
- Corporate Law & Practice
- Arbitration Law
- Project Finance
- Intellectual Property
- Litigation Practice & Procedure
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John Hingah Biem v Social Democratic Party – Taking the Wind Out of the Sails of MV Arabella?
0₦2,500.00Folabi Kuti, Partner, Perchstone & Graeys Lagos Nigeria in John Hingah Biem v Social Democratic Party – Taking the winds out of the sails of Arabella? analyses the recent decision of the Supreme Court in John Biem. He considers whether the apex court has indeed departed from its earlier decision in MV Arabella on the applicability of the provisions of the Sheriffs & Civil Process Act to originating processes issued/filed at the Federal High Court.
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Genericide: A Threat to Dominant Trademarks
0₦2,500.00Simeon Okoduwa and Somtochi Unachukwu of Alliance Law Firm, Lagos Nigeria in their article, Genericide: A Threat to Dominant Trademarks, discuss the generification of trademarks as a result of the loss of distinctiveness. They suggest insightful guidelines that may be observed by trademark owners to stem a painful slide into genericide.
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An Examination of the Liability of Proprietors of E-Commerce Sites for Trademark Infringement
0₦2,500.00Christian Aniukwu of Aluko and Oyebode, in his article An Examination of the Liability of Proprietors of Ecommerce Sites for Trademark Infringement, reflects on the emergence of eCommerce, including its convenience and attractiveness, but points to the likelihood of trademark infringement on eCommerce sites which may go without any liability due to the difficulty in tracing perpetrators. He argues that the proprietors of eCommerce sites in some circumstances should be held responsible for trademark infringement on their sites rather than being allowed to avoid liability under the safe habour principle. He discusses practical steps that may be employed in fighting online counterfeiting of brands.
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Priorities in Security Interests and Project Finance in Nigeria: An Appraisal
0₦2,500.00Adefolake Adewusi, Doctoral Researcher, University of Lagos and Senior Associate at ǼLEX in her article, Priorities in Security Interests and Project Finance in Nigeria: An Appraisal, posits that security interests in project finance are made up of real and personal security, comprising a network of mortgages, charges, liens, assignments, guarantees, indemnities and comfort letters. The priority given to a security interest is relevant in determining whether it can be regarded as being reliable in liquidating indebtedness where there are competing lenders’ claims. Adefolake appraises the framework governing priority of security interests in project finance, finds that sustenance of priority interests in project finance requires additional intervention and suggests the development of a legal framework and the use of a one-stop shop for security registrations as part of the ways in which identified impediments to priority of security interests used in project finance may be addressed.
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An Examination of the Power of the Nigerian Courts to Set Aside an Arbitral Award Based on Error of Law on the Face of the Award
0₦2,500.00Adeola Agunbiade, Senior Associate at Banwo & Ighodalo, Lagos Nigeria in An Examination of the Power of the Nigerian Courts to Set Aside an Arbitral Award Based on Error of Law on the Face of the Award argues that there is a limited scope for interference with an award as the grounds for challenge are usually whether the tribunal had jurisdiction to determine the dispute and if the tribunal followed universal principles, such as due process. There is less focus on whether the decision itself was right or wrong. However, courts can set aside an arbitral award based on an error of law on the face of the award. Adeola examines the true meaning of the term in the context of various judicial authorities.
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The Fate of International Maritime Arbitration under Nigerian Law
0₦2,500.00Onyekachi Ugwuokpe in his article, The Fate of International Maritime Arbitration Under Nigerian Law, dabbles into the exciting debate about the uncertainty of international maritime arbitration in Nigeria. While section 34 of the Arbitration and Conciliation Act (ACA) 1988 (modelled on the UNCITRAL Model Law on International Commercial Arbitration 1985) forbids Nigerian courts from intervening in any arbitral matter except as allowed under the Act, section 20 of the Admiralty Jurisdiction Act (AJA) 1991 invalidates any contractual provision that ousts the jurisdiction of Nigerian courts in the circumstances listed in the section. Onyekachi, in his usual inimitable style, goes to town, comprehensively reviewing judicial cases and learned commentaries and concluding that there is indeed a lacuna awaiting judicial clarity.
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The Rhetoric of Corporate Governance and Accountability for Executive Expenditure
0₦2,500.00Joseph Abugu, Professor of Industrial and Commercial Law, University of Lagos in his article, The Rhetoric of Corporate Governance and Accountability for Executive Expenditure, argues that though financial statements of companies should reflect a true and fair view of their state of affairs, recurrent corporate failures have affected the credibility of financial statements. He posits that hideous financial transactions by corporate executives, reckless expenditures and manipulation of figures to conceal losses and pilfering are the failure of good corporate governance. He suggests ways by which the discretion of corporate executives in expenditures can be interrogated and subjected to regulation.
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Internal Whistleblowing Mechanisms in Nigeria’s Private Sector: Need for Legislative Intervention
0₦2,500.00Tope Osuntogun of the Faculty of Law, Ajayi Crowther University, Oyo Nigeria, in her article, Internal Whistleblowing Mechanisms in Nigeria’s Private Sector: Need for Legislative Intervention makes a case for the categorisation of internal reporting mechanism as a whistleblowing channel while positing that whistleblowing is an effective tool for combatting corporate fraud. She comprehensively reviews Nigeria’s regulatory framework for whistleblowing in the private sector including a review of the Investment and Securities Act 2007, the Central Bank of Nigeria Act 2007, the CBN Guidelines for Whistleblowing for Banks and Other Financial Institutions in Nigeria 2014, and the Nigerian Code of Corporate Governance 2018.
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Making a Case for Governance in Combatting and Managing Financial Crimes
0₦2,500.00Professor Konyinsola Ajayi, SAN of Olaninwun Ajayi LP, Ayodeji Arowolo of British American Tobacco and Oluwatosin Phillips in their article, Making a Case for Governance in Combatting and Managing Financial Crimes compare financial crimes to a devastating disease, which incubates quietly and undetected, yet spreads rapidly towards the ultimate destruction of its victims. They argue that while advancement in IT has driven economic growth and financial inclusion, banks have become hosts for financial crimes. While considering judicial attitude to bank frauds, they conclude that just as a prophylactic treatment of diseases is preferred to curative treatment, good corporate governance in financial institutions will rein in financial crimes.
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The Gravitas Review of Business & Property Law Vol.10 No.2 – Print
0₦5,000.00In this issue of The Gravitas Review of Business & Property Law Vol.10 No.2, there are well researched articles on:
- Banking Law & Practice
- Labour Law
- Arbitration
- Economic Crimes & Sanction
- Litigation Practice & Procedure
- Taxation
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The Gravitas Review of Business & Property Law Vol.10 No.2 – E-Book
0₦5,000.00In this issue of The Gravitas Review of Business & Property Law Vol.10 No.2, there are well researched articles on:
- Banking Law & Practice
- Labour Law
- Arbitration
- Economic Crimes & Sanction
- Litigation Practice & Procedure
- Taxation
