THE ARBITRABILITY OF CORPORATE DISPUTES WITHIN THE AMBIT OF CASE LAW PRINCIPLES IN NIGERIA

Abstract

Corporate disputes are encompassed in different areas of law. They are usually settled through litigation but presently can also be resolved through Alternative dispute resolution, of which arbitration is one of it. Arbitrability of disputes has gained attention globally. Not all disputes are arbitrable, especially when it is a matter of public policy or contrary to a statutory provision. Different jurisdictions take different approaches as to whether or not corporate disputes are arbitrable. The U.S. has a liberal approach; Germany pursues a case-by-case approach. Eastern European states such as Russia and Ukraine deem corporate disputes to be non-arbitrable. In India the Supreme Court gave a detailed principle on arbitrability of disputes. As of today, the arbitrability of corporate disputes remains a highly disputed legal topic. In some countries the arbitrability of corporate disputes is based on jurisdictional angle, while in others it is hinged on the agreement of parties to submit to arbitration. In Nigeria, the issue of arbitrability of corporate disputes is primarily based on the interpretation of the Courts, since there is no detailed legislative provision. The essence of this research is to analyse the corporate disputes that are amenable to arbitration in Nigeria while considering other jurisdictions and the case laws that have exposed the true position in Nigeria.