• Rethinking Jurisdiction under the Nigerian Legal System: Need for Realignment to First Principles

    Rethinking Jurisdiction under the Nigerian Legal System: Need for Realignment to First Principles

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    Onoriode Aziza, Associate (Nigeria) at Herbert Smith Freehills LLP, London in “Rethinking Jurisdiction under the Nigerian Legal System: Need for Realignment to First Principles” argues that the jurisdiction of a court is analogous to the judicial function of the sovereign power of the state, hence, a court only truly lacks jurisdiction if it lacks the authority to adjudicate over the subject-matter of the dispute. In all other cases, the court has jurisdiction, but through the exercise of its discretion, in line with statute or its rules, may decide not to exercise such jurisdiction. He examines the number of courts and tribunals of concurrent jurisdiction below the Court of Appeal and takes stock of the judiciary’s interpretation of the concept of jurisdiction, arguing that the courts have conflated the concepts of “jurisdiction” and “competence” or the “existence” and “exercise” of jurisdiction, using the Supreme Court decision in Agip Nigeria Limited v Agip Petroli International and Others as a case study. He calls for a reversal of the principles laid down in Madukolu v Nkemdilim, to the extent that the case purports to lay down principles to determine the existence of jurisdiction.

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  • The Choice of Foreign Law in International Commercial Arbitration: Issues and Problems

    The Choice of Foreign Law in International Commercial Arbitration: Issues and Problems

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    Brown Umukoro, Lecturer, Faculty of Law, Delta State University, Oleh in his article “The Choice of Foreign Law in International Commercial Arbitration: Issues and Problems” examines how the expected outcome or intended benefit of a choice of foreign law in international commercial arbitration may be frustrated by several factors including law and public policy of the foreign country and change in laws during the pendency of arbitration. He concludes that the Decolonisation and Law of the Seat theories do not adequately address the concern of investors and advocates a comprehensive code of rules for the resolution of conflict between the lex arbitri and other systems of law.

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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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  • Jurisdiction and Appellate Powers of the Nigerian National Industrial Court: Need for Further Reform

    Jurisdiction and Appellate Powers of the Nigerian National Industrial Court: Need for Further Reform

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    Ifeoluwa Olubiyi, Lecturer, Faculty of Law, Afe Babalola University, Ado-Ekiti, in her article “Jurisdiction and Appellate Powers of the Nigerian National Industrial Court: Need For Further Reform” undertakes an historical analysis of the jurisdiction and status of the National Industrial Court as a court of record. She posits that while the Constitution of the Federal Republic of Nigeria (Third Alteration) Act 2010 may have put an end to some of the controversies surrounding the jurisdiction of the court, the finality of its decision, ‘exclusive jurisdiction’ in child labour, child abuse and human trafficking cases, and application of international treaties without domestication may be contrary to other sections of the Constitution.

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  • The Yellow-Dog Contract and its Implications on Workers Participation in Labour-Management Relations in Nigeria

    The Yellow-Dog Contract and its Implications on Workers Participation in Labour-Management Relations in Nigeria

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    Professor Adeniyi Olatunbosun, Dean, Faculty of Law, University of Ibadan in “The Yellow-Dog Contract and Its Implications on Workers Participation in Labour-Management Relations in Nigeria” discusses the legal status of the yellow-dog contract as an employment agreement whereby a worker promises not to join a trade union or promises to resign from a union. He examines statutory provisions prohibiting workers from joining a trade union and those forbidding the yellow-dog contract. He explores two competing views, one which adheres to the common law in insisting upon absolute freedom of contract for employers and the other which limits the right of freedom of contract wherever it seems to encroach upon other basic human rights. He concludes that the yellow-dog contract enjoys a wide use in most industries, where they are used in nearly all the non-union fields.

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  • A Review of the Doctrine for Insurable Interest under the Marine Insurance Act in Nigeria

    A Review of the Doctrine for Insurable Interest under the Marine Insurance Act in Nigeria

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    Oyeniyi Ajigboye, Lecturer, Faculty of Law, Adekunle Ajasin University, Akungba-Akoko, in his article “A Review of the Doctrine of Insurable Interest under the Marine Insurance Act in Nigeria” gives an overview of the doctrine of insurable interest in marine insurance. The concept implies that a policy holder or the beneficiary must stand to suffer a direct financial loss in an event that the uncertain event insured against, occurs. He identifies relevant changes in the law in England, Australia and South Africa and concludes that the doctrine of insurable interest has developed into a potent clog in the wheel of marine insurance. He advocates that the doctrine be jettisoned so as to revamp marine insurance business in Nigeria.

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  • Strengthening the Legal Framework for Competition in Nigeria's Insurance Industry

    Strengthening the Legal Framework for Competition in Nigeria’s Insurance Industry

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    Professor Taiwo Osipitan, SAN and Dr. Viashima Akaayar of the Faculty of Law, University of Lagos in their article, “Strengthening the Legal Framework for Competition in Nigeria’s Insurance Industry” examine the concept and theories of Competition. Though they acknowledge the presence of antitrust rules in financial legislations such as the Companies and Allied Matters Act 1990 and the Investment and Securities Act 2007, they posit that such rules are non-sectoral and largely ineffective in enhancing the core objectives of promoting competition in the insurance sector. To protect unsuspecting customers, they propose the resuscitation and enactment of the Federal Competition Commission (FCC) Bill and the National Antitrust Commission (NAC) Bill.

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  • The Gravitas Review of Business & Property Law Vol.7 No.2

    The Gravitas Review of Business & Property Law Vol.7 No.2 – Print

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    In this issue of The Gravitas Review of Business & Property Law Vol.7 No.2, there are well researched articles on:

    • Mortgage Finance
    • Banking Law & Practice
    • Arbitration
    • International Investments
    • Taxation
    • Corporate Law & Practice
    • Litigation Practice & Procedure
    • Landlord and Tenant
    • Intellectual Property
    • Investments & Securities Law
    • Aviation Law
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  • The Gravitas Review of Business & Property Law Vol.7 No.2

    The Gravitas Review of Business & Property Law Vol.7 No.2 – E-Book

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    In this issue of The Gravitas Review of Business & Property Law Vol.7 No.2, there are well researched articles on:

    • Mortgage Finance
    • Banking Law & Practice
    • Arbitration
    • International Investments
    • Taxation
    • Corporate Law & Practice
    • Litigation Practice & Procedure
    • Landlord and Tenant
    • Intellectual Property
    • Investments & Securities Law
    • Aviation Law
    5,000.00
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  • The Gravitas Review of Business & Property Law Vol.7 No.2

    The Gravitas Review of Business & Property Law Vol.7 No.2

    0

    In this issue of The Gravitas Review of Business & Property Law Vol.7 No.2, there are well researched articles on:

    • Mortgage Finance
    • Banking Law & Practice
    • Arbitration
    • International Investments
    • Taxation
    • Corporate Law & Practice
    • Litigation Practice & Procedure
    • Landlord and Tenant
    • Intellectual Property
    • Investments & Securities Law
    • Aviation Law
    5,000.00
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  • Nigeria's Aviation Law Framework for the Prevention of Communicable Diseases: A Perspective on the Ebola Virus Disease

    Nigeria’s Aviation Law Framework for the Prevention of Communicable Diseases: A Perspective on the Ebola Virus Disease

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    Dr Ismail Adua, Lecturer, Business Law Department, Faculty of Law, University of Ilorin in “Nigeria’s Aviation Law Framework for the Prevention of Communicable Diseases: A Perspective on the Ebola Virus Disease” examines the scourge of Ebola Virus Disease (EVD) that gripped the nation in 2014. Analysing the measures taken by relevant authorities to combat the menace, Dr Adua uses the EVD saga as a template to critically examine Nigeria’s Aviation laws and international conventions on prevention and suppression of communicable diseases.

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  • Insider Dealing under Nigerian Law: Any New Lessons?

    Insider Dealing under Nigerian Law: Any New Lessons?

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    Joseph Onele, Associate, Olaniwun Ajayi LP in “Insider Dealing Under Nigerian Law: Any New Lessons?” undertakes a comprehensive review of the legal framework for dealing with insider trading under Nigerian Law. He identifies notable gaps in the law and indicates lessons that can be learnt from other jurisdictions including the U.S and UK.

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