Nigeria: Arbitration & Dispute Resolution

Nigeria's port sector enters a transformative phase with the enactment of the Nigerian Port Economic Regulatory Agency Act, establishing a comprehensive legal framework for economic regulation and oversight. The legislation grants the Nigerian Shippers' Council expanded statutory powers over tariffs, licensing, competition matters, and commercial dispute resolution. Critical questions remain about implementation and how the new regulatory structure will coordinate with existing maritime agencies to avoid ju

This legal analysis examines a Supreme Court decision addressing critical questions about who can be bound by arbitration agreements and what disputes are arbitrable. The case explores the circumstances under which non-signatories may be compelled to arbitrate and the boundaries of arbitrability in Nigerian jurisprudence.

Given the commercial significance of vessels and the substantial financial consequences that accompany their detention, ship arrest has rightly been described as the most potent enforcement mechanism in maritime litigation.