- Title: Commercial Arbitration Law and Practice in Nigeria through the Cases.
- Author: Adedoyin Rhodes-Vivour (SAN)
- Publisher: Lexis Nexis
- Pages: 760 pages
- Year of Publication: 2016
- Reviewer: Prof. A.D Badaiki
One of the greatest books globally on arbitration is Commercial, Arbitration Law and Practice in Nigeria through the Cases written by Adedoyin Rhodes-Vivour, a quintessential world acclaimed doyen of arbitration. There is hardly a need to justify the title of the book because arbitration is commonly resorted to in resolution of disputes in commercial transactions. Law and practice of arbitration are necessarily resorted to in the resolution of such deputes. Of course, precedent cases are central in the application of law and practice in commercial arbitration, like in other forms of arbitration. The choice of Nigeria as a case study is underscored by the vibrancy of her economy and volume of commercial transactions in the hub of sub-Saharan economic network with the rest of the world.
The worth of a book depends on the competence of the author to write it and as reflected in its contents. From the forward written by a retired Justice of the Supreme Court of Nigeria, Honourable Justice Olufunlola O. Adekeye, who himself is a fellow of Chartered Institute of Arbitration, and the pages about the author the writer of the book possesses intellectual pedigree that eminently qualifies her to write on the subject matter of the book. Aside from being a legal practitioner and Notary Public of repute, with over three decades of practice including in particular commercial law practice, most significantly, she is a colossus in international and domestic arbitration and possesses very rich cognate experience in alternative dispute resolution especially mediation and commercial arbitration.
Gleaned from pages v-vii; xiii-xiv, the author is a thoroughbred solicitor, advocate and chartered arbitrator. She holds the Bachelor of Laws and Master of Laws Degrees from the University of Lagos, Nigeria; Master of Arts Degree in International Peace and Security, called to the Nigerian Bar and is a fellow of the Chartered Institute of Arbitrators, United Kingdom. She also holds a practice Diploma in International Arbitration Law conferred by the College of Law of England and Wales in conjunction with the International Bar Association.
The author, who was conferred with the chartered Arbitrator status by the Institute of Arbitrators United Kingdom, is an accredited mediator of the Centre for Effective Dispute Resolution (CEDR) United Kingdom.
She is a member of the Court of the Permanent Court of Arbitration (PCA), the Hague, the Netherlands and a member of the ICC Commission on Arbitration and ADR. She is a member of the International Law Association (ILA) and its International Committee on International Commercial Arbitration. She was an officer of the Mediation Committee of the Legal Practice Direction of the International Bar Association (IBA) and was the Committee’s Regional Representative for West Africa. She is a member of Arbitral Women, an international non-governmental organisation committed to the promotion of women in the field of Arbitration and Alternative Dispute Resolution.
She has served in various capacities on the Executive Council of the Chartered Institute of Arbitrators, Nigerian Branch and was at all material time the first Vice Chairperson of the Branch. She is the Pioneer Chairperson of the Committee on International Commercial Arbitration of the Nigerian branch of the International Law Association. She was Pioneer Chairperson of the Nigerian Bar Association Section on Business Law Arbitration and ADR Committee (2005-2010) and also a founder member and pioneer President of the Maritime Arbitrators Association of Nigeria (MAAN) (2006-2010) and remains on the Executive Council of the Association. She is a member of the pioneer board of the Lagos Court of Arbitration and member of the pioneer board of the Lagos Chamber of Commerce International Arbitration Centre.
Mrs. Rhodes-Vivour is listed on various arbitration panels including the panel of the Chartered Institute of Arbitrators UK, the database of London Court of International Arbitration Panel of Neutrals (LCIA), the database of LCIA-MIAC Arbitration Centre, International Centre for Dispute Resolution (ICDR), Singapore International Arbitration Centre (SIAC), Maritime Arbitrators Association of Nigeria (MAAN), Kuala Lumpur and the Lagos Regional Centres for International Commercial Arbitration and Kigali International Arbitration Centre. She is listed as a supporting member of the LMAA who is generally prepared to take up appointment as arbitrator. She is also listed on the Panel of Neutrals of the Lagos and Abuja Multi-door Courthouses. Thus, the author’s interlaced arbitration intellectualism and practice adds to the credibility of the author’s competence in the venture of arbitration book writing.
The author’s passion for arbitration was pungently captured in the last paragraph to the preface of the book. While not expressly stating the necessity for the book, its essence was expressed in the same paragraph as an attempt “to produce a reference guide on arbitration law and practice in Nigeria”[1] by “providing the reader materials on almost every facet of arbitration law and practice in the country.
In a bid to achieving these objectives, the book is set out in sixteen preliminary pages in Roman numerals, 760 pages out of which 656 pages are of text, followed by 10 pages of bibliography, 14 pages of Table of statutes, 29 pages of Appendices, namely, Rules, Codes and Guidelines; Arbitration Organisations in Nigeria; Glossary and Abbreviations. In its layout, the book consists of 16 chapters which according to the author, is on a “subject by subject and case by case” basis. In a unique style, each of the chapters embodies three parts: statutory framework, case law and commentary. By this, the author guides the reader on the court’s interpretation of the relevant arbitration statutes by summarising the decisions of the courts with relevant quotations from respective cases. Commentary on each chapter encapsulates information about the statutory provisions, comparison of the provisions of the respective legal regimes, namely, ordinance based law, Federal Arbitration Act and the Lagos State Arbitration Law. The commentary portion also highlights and reviews court cases and other notable features of the subject under consideration. The merit of comparative knowledge is brought to play by the use of relevant references to the applicable law in some other jurisdictions. By that, the author sought to give a “guide to best international practice with the aim of encouraging the development of arbitration law and practice in Nigeria in accordance with global trends in the field”.
In departing from the conventional choice of chapter topics in arbitration textbook and in line with the utility of the book for purpose of practice of arbitration, all sixteen chapters in the book virtually are selectively reflective of these purposes. Although chapter one is titled “definition and nature of arbitration”, it gives an overview of the legal framework for arbitration in Nigeria with a discussion of the sources of arbitration law in the country. A contribution to the debate on the tier of government vested with constitutional powers to legislate on arbitration is partly the preoccupation of chapter two. It deals with the applicability of the relevant application of arbitration statutes including the arbitration and conciliation Act (ACA) and Lagos State Arbitration Law, Arbitrabililty, its definition, importance, its relationship to jurisdiction of arbitral tribunal and the role of law and public policy in determining arbitrability as well as non-arbitrable matters occupy chapter two. In chapter three, the all-important gravamen of arbitration agreement is exhaustively discussed. The office of an arbitrator or umpire is the focus of chapter five. It covers all facets of arbitrator from his appointment to the point of terminating his mandate and making decision. Jurisdiction, the subject matter of chapter six is espoused as the last part of preliminary issue or pre-arbitration proceedings, with emphasis on sources of jurisdiction, consequences of lack of jurisdiction and the question of determination of issues of jurisdiction by arbitral tribunal.
While chapter seven delves into duties and powers of the arbitral tribunal, chapters eight, nine, ten and eleven are on arbitration proceedings. Although chapter eight is on conduct of the arbitral proceedings, it extends to commencement of arbitral proceedings, contents of the notice of arbitration, party autonomy (a fundamental arbitration principle) arbitration application proceedings and pending court action including stay of proceedings, law applicable to the substance of the dispute limitation of actions and waiver of rights. The essential elements in the conduct of arbitration are impressively exhaustively discussed in the chapter. Costs of arbitration together with fees payable to arbitrators are the contents of chapter nine. Chapter 10 deals with award of interest while award itself is discussed in chapter 11.
Two chapters, 12 and 13 are devoted to post-arbitration proceedings. Chapter 12 dwells on challenging the arbitral award, remittal of awards and setting aside of awards. Recognition and enforcement of awards are comprehensively incorporated into chapter 13 where the procedure for enforcement of awards including ICSID awards in Nigeria are discussed in practical terms. Furthermore, the chapter includes an examination of the documents required for enforcement.
Chapters 14, 15 and 16 are the concluding parts of the book, each dealing with independent topics related to the title of the book. They are application of limitation laws in chapter 14, court support and intervention as well as extent of such intervention including power to grant anti-arbitration injunctions and anti-suit injunctions in chapter 15 and the role of counsel in arbitral proceedings and the relevant applicable professional ethics in chapter sixteen.
In all the chapters, there are copious references to the relevant provisions of the ACA, the Lagos State Arbitration Law, other Arbitration and non-arbitration statutes of other states in the country, and foreign statutes. Equally significant and useful for arbitration practice is the discussion of all relevant cases on arbitration in the country and many other countries. Footnoting which is an expression of authoritative sources of information and widespread research, is demonstrated in the book and enriches it in a great measure. In addition, the layout, the contents and discussion syncronise with the title and objectives set for writing the book. It is a rare asset to arbitration law and development. The book, being the brain child of an intellectual cum practitioner of law and arbitration with international reputation, is, in all modesty, a compendium in its own right. Its language is laden with simplicity, lucidity and professional linguistic style.
Errors in the book are infinitesimal. For a better syncronisation of the topics covered, some observations about structural layout are remarkable. First, some fundamental principles of arbitration in chapter eight under conduct of the arbitral proceedings may be discussed alone in a separate chapter or as part of the pre-arbitral proceedings. “Awards” in chapter eleven may be better discussed before “interest” in chapter ten than it is presently. Table of cases and Table of Statutes may be brought to the preliminary section rather than the end of the book. The same suggestion is commended for Glossary and Abbreviations which are presently located as an appendix.
Adeloyin Rhodes- Viour has contributed imperishably to knowledge of not only law and practice of commercial arbitration in Nigeria, but also to arbitration generally and scholarship in international sphere. It is a breakthrough in academic research and provision of intersection of law and practice of arbitration. The book is of very high value, and therefore, has my highest recommendation to arbitrators, legal practitioners, academicians, members of the bench, court officials, businessmen, corporate executives, students and the general public.
- Culled from International Journal of Business Law November 2019 Issue 2 (2019) 2 IJBL
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