Enforcement of Icsid Awards And The Limited Role of Domestic Court in Nigeria
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ABSTRACT
In the light of the need for a smooth international trade and relationship, the role of international arbitration in the resolution of dispute that may arise in the course of this international relationship cannot be overstated.
This work seeks to analyze the general concept of arbitration with reference to the workings and enforcement of the International Centre for the Settlement of Investment Dispute Convention (ICSID) awards.
While examining the limited role played by Nigerian Courts in the enforcement of awards made pursuant to the International Centre for the Settlement of Investment Dispute Convention. This work embodies five chapters.
Chapter one is the general overview of the work and the purpose of this work. Chapter two deals with the general concepts of arbitration as an alternative dispute resolution mechanism.
Chapter three deals with enforcement of arbitral awards in Nigeria vis a vizthe role of Nigerian courts.
Chapter four centres on International Centre for the Settlement of Investment Dispute Convention (ICSID) awards and its enforcement in Nigeria while focusing on the limited role played by our domestic courts toward its smooth enforcement.
TABLE OF CONTENTS
Tittle i
Approval ii
Certification iii
Dedication iv
Acknowledgements v
Abstract vi
Table of Contents vii
Table of Cases ix
Table of Statutes xi
List of Abbreviations xii
Chapter One:
INTRODUCTION
- Background of the Study 1
- Statement of Problem 2
- Purpose Of Study 2
- Purpose Of Study 2
- Significance of Study 2
- Methodology 2
- Definition of Terms 3
Chapter Two:
THE CONCEPT OF ARBITRATION
2.1 Merits of Arbitration over Litigation 5
2.2 Criticisms of Arbitration 7
2.3 Types of Arbitration 10
2.4 Arbitrability 14
2.5 Arbitral Awards 14
Chapter Three:
ENFORCEMENT OF ARBITRAL AWARD:
3.1 Recognition 15
3.2 Enforcement 15
3.3 Methods of Enforcing Municipal Awards 15
3.4 Grounds for Refusal of Recognition and Enforcement of Municipal Awards 22
3.5 Enforcement of International Arbitration 24
3.6 Roles of Courts in Nigeria 44
Chapter Four:
BRIEF HISTORY OF ICSID
4.1 Jurisdiction of ICSID 49
4.2 Capacity of Parities under ICSID 49
4.3 Enforcement under the International Centre for the Settlement of
Investment Dispute (ICSID) Convention. 50
4.4 Challenges in the Enforcement of Foreign Arbitral Awards In Nigeria 51
4.5 Implication of this Unholy Attitude 55
Chapter Five:
CONCLUSION AND RECOMMENDATIONS
5.1 Conclusion 56
5.2 Recommendations 56
BIBLIOGRAPHY
BIBLIOGRAPHY
Elias, O, Nature of African Customary Law (Manchester: Manchester University Press, 1956)
Ezejiofor, G, the Law of Arbitration in Nigeria (Enugu: Longman publishing Co., 1997)
Ibe, C, Insight on the Law of Private Dispute Resolution in Nigeria (Enugu: El ‘Demak ltd, 2008)
Nwakoby, G, the Law and Practice of Commercial Arbitration (Enugu:Iyke Ventures, 2004)
Ronald, B, Arbitration Over Litigation a 1915 Perspective Arbitration (Birmingham: Thomson Professional Pub. Co., 1990)
Ronald, B, Handbook on Arbitration Practice (Birmingham: Thomson Professional Pub Co., 1997)
