In this case, Mr. Charles Mekwunye (the applicant) as a lessor and Mr. Christian Imoukhuede (the respondent) as a tenant entered into a lease with a compromise clause. Article 3, point (c), of the lease agreement between the parties provided, among other things: I would also like to point out that an aggrieved complainant does have the right to ensure the arrest and detention of a vessel, subject to a claim under the law of the sea, even before starting arbitration proceedings at a later date, provided that the applicant is different, as well. It has been done and it has always happened. THE LACIAC secretariat will be happy to discuss changes to these model clauses. For example, to provide for expedited procedures. A dispute broke out between the parties and the complainant asked the Chairman of the Chartered Institute of Arbitrators (UK) Nigerian Branch to appoint an arbitrator. They appointed a single arbitrator to determine the dispute between the parties. After the arbitrator`s appointment, the respondent protested and challenged the arbitration, but then withdrew his objections and participated in the proceedings.
The respondent who sought to quash the award in the High Court was the subject of an arbitration award. The Court of Appeal set aside the High Court`s decision and set aside the award on the grounds, among other things, that the arbitration act was defective. This epiphany could not have come at a better time, because most employers, especially businesses, do not like the idea of bringing employment and work rights to justice for years. Most entities would also prefer that certain information remain confidential and not be subject to public access through litigation, hence the preferred choice of arbitration as a faster and more discreet means of resolving labour disputes. In Nigeria, the position of the courts remains that, while the arbitration award is to be agreed by the parties as final and binding on them, no court has the power to appeal the award. A court can only hear and rule motions that postpone the award for a misjudicing the arbitrator or for the arbitrator`s misconduct in order to quash the award. A court cannot review, re-evaluate or alter the arbitrator`s findings or conclusions at the time of award. The only discretion that the court can exercise with respect to an arbitral award is to decide whether or not the arbitrator used the correct methods upon the arrival of the award.
See Baker Marine Nigeria Ltd. v. Chevron Nigeria Ltd. (2000) 12 NWLR (Pt. 681) 393. This position is suitable for commercial arbitration, but does not appear to apply to labour and labour disputes, » in light of the provisions of the Nigerian Constitution. Recent Nigerian court decisions reviewed above show the attitude of Nigerian courts towards arbitration, which is encapsulated in the Supreme Court ruling in Mekwunye v. Imoukhuede – where the court has declared Nigeria an arbitration.