Arbitration and Dispute Resolution
THE GLOBAL ARBITRATION REVIEW (GAR) – COMMERCIAL ARBITRATION IN NIGERIA 2020
Mrs Funke Adekoya (SAN), Partner, Ibifubara Berenibara, Senior Associate, and Oluwaseun Philip-Idiok, Associate, are contributors to the Global Arbitration Review (GAR) know-how on Commercial Arbitration in Nigeria. The [...]
ǼLEX PARTNER, MRS. FUNKE ADEKOYA ‘SAN, APPOINTED AS A MEMBER OF THE EXPERT STUDY GROUP TO COORDINATE THE COMMONWEALTH INTERNATIONAL ARBITRATION STUDY.
ǼLEX Partner, Mrs. Funke Adekoya SAN, has been appointed as a member of the Expert Study Group commissioned to coordinate the conduct of the Commonwealth International Arbitration Study. The [...]
CASE REVIEW: NOSDRA v. EXXONMOBIL EXAMINING THE POWERS OF REGULATORY AGENCIES TO IMPOSE PENALTIES
INTRODUCTION In March 2018, the Court of Appeal upheld the ruling of the Federal High Court (the trial Court) and decided that the National Oil Spill Detection and Response [...]
‘FAULT OF COUNSEL’ DEFENCE: A DYING TREND – The Case of Ali Alaba International Limited & Anor v Sterling Bank Plc
It has become commonplace for litigants and their counsel to routinely file applications for the extension of time stipulated by the various rules of courts within which they are [...]
ǼLEX SUCCESSFULLY REPRESENTS ‘THE CHATERED INSTITUTE OF ARBITRATORS (UK)’ IN LANDMARK VICTORY AGAINST ‘THE CHARTERED INSTITUTE OF ARBITRATORS (Nigeria)’
Judgment was delivered on 22 October 2018 by Hon. Justice Olaterogun of the Federal High Court in favour of The Chartered Institute of Arbitrators (UK) (the Plaintiff) against a [...]
NIGERIA’S OIL INDUSTRY TRANSITION – SOME GOVERNANCE CONSIDERATIONS
Approved by the Federal Executive Council in July 2017, the National Petroleum (Oil) Policy (the 'Policy') highlights the Nigerian government's intention to move the Nigerian economy away from dependence [...]
THE CONSTITUTIONAL BASIS FOR THE IMPOSITION OF CONSUMPTION TAXES BY FEDERAL AND STATE GOVERNMENTS IN NIGERIA: A CRITICAL ANALYSIS OF THE SUPREME COURT’S DECISION IN AG LAGOS v EKO HOTELS LTD & ANOR
Value Added tax (VAT), sales tax, and hotel occupancy and restaurant consumption tax are forms of consumption taxes whose economic burden rests on the final consumer. The constitutional basis [...]
ǼLEX wins the LCA-YAN International Arbitration Moot Competition!
ǼLEX emerged as the winner in the Law Firm category in the finals of the 2nd Lagos Court of Arbitration Young Arbitrators Network (LCA-YAN) International Arbitration Moot Competition which [...]
Arbitration Brunch | Pitfalls to avoid as in-house counsel in arbitration
WHO SIGNED THESE PROCESSES?
Litigation or the process of dispute resolution is termed to be a very serious process. It is the process that potentially culminates in the determination of parties’ rights and [...]
WILL THE MANDATORY REQUIREMENT FOR THE USE OF THE NATIONAL IDENTIFICATION NUMBER BY PARTIES IN ARBITRATION PROCEEDINGS HAVE ANY EFFECT ON THE VALIDITY OF THE ARBITRATION?
In October 2017, Nigeria’s National Identity Management Commission (the Commission) which was established under the National Identity Management Commission Act 2007 (the Act) issued regulations titled “Mandatory Use of [...]
TAX APPEAL TRIBUNAL’S JURISDICTION UNDER ENABLING ACT NOT IN CONFLICT WITH JURISDICTION OF THE FEDERAL HIGH COURT OVER TAX DISPUTES
The Court of Appeal has on 10 March 2017 confirmed that the jurisdiction of the Tax Appeal Tribunal, which is an administrative appellate body over tax disputes as set [...]
CASE REVIEW: ESSO PETROLEUM AND PRODUCTION NIGERIA LIMITED & SNEPCO V. FIRS & NNPC
The Nigerian Court of Appeal in Esso Petroleum and Production Nigeria Limited & Shell Nigeria Exploration and Production Company Limited v. Federal Inland Revenue Service & Nigerian National Petroleum [...]
ENHANCED PROTECTION FOR INVESTORS PARTICIPATING IN PRIVATE PLACEMENTS? – THE DECISION IN STANBIC IBTC BANK PLC v. LONGTERM GLOBAL CAPITAL LIMITED & ORS.
Private placement refers to the issuing of securities by a company to a small number of select persons. In Nigeria, where the company issuing the securities (the "issuing company") [...]
CASE REVIEW: ARE WINDING UP PETITIONS SUBJECT TO FOREIGN JURISDICTION CLAUSES? – RRSAT v. DAAR COMMUNICATIONS PLC
The Federal High Court Lagos ("FHC”), delivered a ruling in Suit No.: FHC/L/CP/540/2012 RRSAT Global Communications Networks Limited v Daar Communications Plc, affirming its jurisdiction to hear a petition [...]
AELEX Partner makes presentation at 50th UNCITRAL & 60th New York Convention Anniversaries Conference
Our Mrs Funke Adekoya SAN, of the Firm’s Arbitration Practice Group, will be making presentations at the 50th UNCITRAL & 60th New York Convention Anniversaries Conference being organised by the [...]
Lagos State Establishes Small Claims’ Court
The Small Claims' Court was commissioned by the Chief Judge of Lagos State on Monday, 23rd April 2018. The Small Claims’ Courts are being established in all the Magisterial [...]
Time Freezes for Purposes of the Statute of Limitation when an Action is instituted – The Supreme Court’s Decision in Sifax v Migfo
On 16 February 2018, the Supreme Court of Nigeria unanimously decided in the case of Sifax Nigeria Ltd v Migfo Nigeria Ltd that where a statute of limitation prescribes [...]
LAW FIRM SIGNING A COURT PROCESS IS A MERE PROCEDURAL IRREGULARITY
In a landmark decision delivered on 23 February 2018 in Heritage Bank Ltd v. Bentforth Finance (Nigeria) Ltd, the Supreme Court of Nigeria appeared to abandon in part, the [...]
The possible effect of the use of National Identity Number in arbitration proceedings
In October 2017, the National Identity Management Commission – which was established under the National Identity Management Commission Act 2007 (NIMC Act)– issued the Mandatory Use of the National [...]