Nigeria: Litigation, Mediation & Arbitration

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
A Review Of The Nigerian Supreme Court’s Decidedly Pro-Arbitration Stance In Emts Ltd v. Afdin Ventures Ltd & Ors
1.1 The decision of the Supreme Court of Nigeria in EMTS Ltd v Afdin Ventures Ltd & Ors.,2 signifies a further consolidation of Nigeria’s pro-arbitration jurisprudence within the global framework of international commercial arbitration. The judgment prioritized the efficacy of achieving finality in arbitration proceedings over technical procedural requirements and addressed issues relating to the enforceability of arbitral awards against non-signatories, allegations of fraud in arbitration, judicial intervention in arbitral awards and the need for expeditious determination of arbitration related litigation.
Nigeria Litigation
SA
S.P.A. Ajibade & Co.
Article
11 Plc V. Milan Industries Ltd & 2 Ors. (SC/CV/374/2023):  Right Of Access To Court And The Constitutional Limits Of Ouster Clauses
The Supreme Court's decision in 11 PLC v. Milan Industries Ltd raises critical questions about the constitutional validity of statutory ouster clauses that restrict judicial remedies. While upholding AMCON's powers to enforce mortgage securities and sell collateralized assets, the court controversially held that Section 34(6) of the AMCON Act validly ousts courts' jurisdiction to grant restorative reliefs, limiting aggrieved parties to monetary compensation only. This interpretation conflicts with constitut
Nigeria Litigation
BC
Babalakin & Co.Legal Practitioners
Article
Third-Party Funding Of Litigation In Nigeria: Legality And Ethical Issues In Nigeria
Litigation in Nigeria is very expensive, and a party with a substantial and valid claim may be discouraged from enforcing the claim due to the expensive nature of litigation and the time spent in court. It is for this reason that a party may consider Third Party Funding (TPF). TPF of litigation is a means for financially incapacitated parties to have the financial support of a third party to finance a court proceeding for enforcement of their rights or claims.
Nigeria Litigation
TT
The Trusted Advisors
Article
Who Wrote The Award? Artificial Intelligence Decided Awards As The Next Frontier For Challenging Arbitral Awards: Lessons From ARIHQ v Santé Québec And LaPaglia v Valve Corporation
The emergence of generative artificial intelligence in arbitration raises fundamental questions about the legitimacy of arbitral awards when AI assists in decision-making. Two landmark cases examine whether extensive AI reliance by arbitrators constitutes impermissible delegation of their adjudicative function, and whether existing legal frameworks can adequately address these novel challenges.
Nigeria Litigation
GE
G ELIAS
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Related Country Guides

IA
International Arbitration
EF
Enforcement of Foreign Judgments
LD
Litigation Dispute Resolution

Arbitration & Dispute Resolution

Article
A Review Of The Nigerian Supreme Court’s Decidedly Pro-Arbitration Stance In Emts Ltd v. Afdin Ventures Ltd & Ors
1.1 The decision of the Supreme Court of Nigeria in EMTS Ltd v Afdin Ventures Ltd & Ors.,2 signifies a further consolidation of Nigeria’s pro-arbitration jurisprudence within the global framework of international commercial arbitration. The judgment prioritized the efficacy of achieving finality in arbitration proceedings over technical procedural requirements and addressed issues relating to the enforceability of arbitral awards against non-signatories, allegations of fraud in arbitration, judicial intervention in arbitral awards and the need for expeditious determination of arbitration related litigation.
Nigeria Litigation
SA
S.P.A. Ajibade & Co.
Article
Risk Allocation In Nigerian Construction Contracts: FIDIC vs Local Adaptations
Risk is an unavoidable part of every construction project. Delays, design errors, unforeseen site conditions, payment disputes, regulatory changes, and economic fluctuations all affect project delivery. Because construction projects involve multiple parties, significant investment, and long execution periods, how these risks are allocated determines whether a project succeeds or fails.
Nigeria Real Estate
TT
The Trusted Advisors
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Court Procedure

Article
Nigerian Court Of Appeal Upholds Refusal Of COSON Injunction
The Court of Appeal in Lagos has ruled on a significant regulatory dispute between the Copyright Society of Nigeria and the Nigerian Copyright Commission, addressing the enforceability of interim relief when underlying regulatory approvals have lapsed. The judgment clarifies the legal boundaries for collective management organisations operating without valid regulatory status and the Commission's authority to take action in such circumstances.
Nigeria IP
AA
Adams & Adams
Article
11 Plc V. Milan Industries Ltd & 2 Ors. (SC/CV/374/2023):  Right Of Access To Court And The Constitutional Limits Of Ouster Clauses
The Supreme Court's decision in 11 PLC v. Milan Industries Ltd raises critical questions about the constitutional validity of statutory ouster clauses that restrict judicial remedies. While upholding AMCON's powers to enforce mortgage securities and sell collateralized assets, the court controversially held that Section 34(6) of the AMCON Act validly ousts courts' jurisdiction to grant restorative reliefs, limiting aggrieved parties to monetary compensation only. This interpretation conflicts with constitut
Nigeria Litigation
BC
Babalakin & Co.Legal Practitioners
Article
Third-Party Funding Of Litigation In Nigeria: Legality And Ethical Issues In Nigeria
Litigation in Nigeria is very expensive, and a party with a substantial and valid claim may be discouraged from enforcing the claim due to the expensive nature of litigation and the time spent in court. It is for this reason that a party may consider Third Party Funding (TPF). TPF of litigation is a means for financially incapacitated parties to have the financial support of a third party to finance a court proceeding for enforcement of their rights or claims.
Nigeria Litigation
TT
The Trusted Advisors
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Sovereign Immunity: Public Sector Government

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Trials & Appeals & Compensation

Article
Can Nigerian Courts Make Polluters Pay? Understanding Environmental Liability
When pollution damages Nigerian communities, who bears legal responsibility and what remedies are available? This analysis examines how Nigerian courts establish environmental liability, exploring statutory frameworks like the Oil Pipelines Act, tort law principles, and the evolving intersection of environmental harm with constitutional human rights protections.
Nigeria Environment
OA
Olisa Agbakoba Legal (OAL)
Article
Who Is Responsible When Oil Pollution Destroys A Community?
When oil pollution devastates a community, determining legal responsibility involves more than identifying the company connected to the spill. The answer requires examining statutory provisions like the Oil Pipelines Act, common law tort principles, third-party interference claims, and government obligations under Nigeria's Constitution, with liability turning on specific questions of negligence, maintenance standards, and causation.
Nigeria Environment
OA
Olisa Agbakoba Legal (OAL)
Article
From Gbemre To Today: The Evolution Of Environmental Rights Litigation In Nigeria
Nigeria's environmental rights litigation has evolved through landmark cases that tested constitutional boundaries and expanded access to justice. From the groundbreaking Gbemre decision recognizing environmental protection as a fundamental right, through judicial restraint in Opara, to the Supreme Court's standing expansion in Centre for Oil Pollution Watch...
Nigeria Environment
OA
Olisa Agbakoba Legal (OAL)
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Latest Videos

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