An Overview Of The Lagos Court Of Arbitration By Chioma Angela Okeke

Abstract:

 This paper provides an overview of the Lagos Court of Arbitration (LCA). It utilises data from relevant primary, secondary, and tertiary sources in elucidating on the workings of the LCA. It traces the history and development of the LCA, emphasizing the purpose of the LCA. It further, examines some of the provisions of the LCA Lagos HOMS Housing Arbitration Rules (HAR) and the Lagos Court of Arbitration Rules, which include the scope of application, the conduct of the arbitration proceedings and the arbitral tribunal. It concludes with the prospects of the LCA, and recommends that further development of the LC can be achieved through more patronages and scholarly work written about the Court.

KEYWORDS: Lagos State, Court, Arbitration Rules.                                         

INTRODUCTION

The History and Development of the LCA

The Lagos Court of Arbitration (LCA) is an independent, private-sector driven, international centre, established under the Lagos Court of Arbitration Law, No. 17, 2009 (LCA L)^[1]  for the resolution of commercial disputes via arbitration and other forms of alternative dispute resolution (ADR) services.^[2] The LCA was officially launched on the 9th of November 2012, at the Kuramo Conference—a biennial International Summit which brings together multi-disciplinary experts from the public sector, academia and private enterprise. The LCA is called a court because it has the power to decide as the final arbiter for the application of the LCA rules.

The LCA is the first purpose-built ADR centre in Africa and provides services to domestic and international parties and the entire sub-region. It uses internationally recognised arbitrators, modern facilities, and the adoption of innovative technology to provide an efficient and best-in class arbitration institution. It operates under three-tier structure comprising the General meeting,^[3] the Board of Directors^[4] and the Secretariat,^[5] with Mr Candide-Johnson SAN as its current President.

The Aims and Objectives of the LCA

The LCA provides parties with a flexible and neutral seat for the resolution of disputes; offering parties confidentiality and the freedom to choose how and where to resolve disputes. Whilst independent arbitrators resolve disputes, the LCA administers the process ensuring integrity and enforceability. It also promotes awareness and engagement of arbitration and ADR through advocacy training workshops and conferences.

The Lagos State, like most other States in Nigeria has its multidoor court house law and Arbitration Law and Rules,^[6] which are different from the LCA Rules.^[7] The LCA has Arbitration Rules, Mediation guidelines, Fund Holding Policy which holds security for fees and expenses on behalf of Arbitrators, Mediators or Adjudicator^[8] etc, however, the focus as earlier indicated is on the Arbitration Rules.

Generally, the LCA has two Arbitration Rules that regulates its arbitration proceedings.  They are the LCA Lagos Home Ownership Mortgage Scheme (HOMS) Housing Arbitration Rules and the Lagos Court of Arbitration Rules (as amended) 2013.

AN OVERVIEW OF THE LCA LAGOS HOMS HOUSING ARBITRATION RULES (HAR) 

Purpose of the HAR

The HRA was passed by the LCA to support its administration of the speedy and effective resolution of disputes that arise under the Lagos Home Ownership Mortgage Scheme, a scheme designed by the Lagos State Government to meet the demand for large-scale affordable housing.^[9]

Commencement and Procedure

A party to a mortgage under this scheme who wishes to have a dispute resolved under these Rules, shall deliver to the Executive Secretary of the Lagos Court of Arbitration, a written request for arbitration setting forth the facts that have given rise to the reference to arbitration.^[10] The Respondent shall within 7 days of the receipt of the Request, forward an answer to the Claimant. ^[11]The Claimant who wishes to file a Reply to any counterclaim, shall do so within 7 days of the date of receiving it.^[12]

Composition and Powers of the Arbitral Tribunal

Under the HRA, only a single Arbitration shall be appointed, subject to the agreement of the parties, by the President of the Lagos Court of Arbitration.^[13] The Arbitrator has the power to rule on its own jurisdiction and on matters that have been submitted to arbitration.^[14] The arbitrator equally has the power to appoint experts, evaluators or assessors to assist him or her on technical matters,^[15] and to give directions in different areas.^[16] The arbitrator also has the power to make awards on different issues arising from the dispute including but not limited to the recovery of possession, realisation of the security, and disposal of security.^[17] Parties may adopt a short hearing arbitration^[18] or a Documents-only Arbitration,^[19] and shall subject to any agreement between them share in equal part the cost of arbitration which is pegged at 2% of the value of the purchase price.^[20]

AN OVERVIEW OF THE LAGOS COURT OF ARBITRATION RULES, 2013 (LCA RULES)

Introduction

The LCA Rules were passed by the board of the Lagos Court of Arbitration on the 1st day of March 2011 in recognition of the need to have a set of rules to govern institutional and ad hoc arbitration aimed at assisting in the effective resolution of disputes and for the proper and expeditious conduct of arbitral proceedings and other connected purposes.^[21] The Arbitration Rules was amended on 24th June 2013 by the addition of Article 11, providing for a Special Measures Arbitrator (“SM Arbitrator”) in appropriate cases.

Scope of Application

The LCA Rules govern both institutional and ad hoc proceedings. They are of international standard as it is an adaptation of the London Court of international Arbitration (LCIA) and the United National Commission on International Trade Law (UNCITRAL) Rules of Arbitration. They are also available for use by parties, whether they are members of the LCA or not. It generally applies to disputes where parties have agreed in writing that disputes between them in respect of a defined legal relationship, whether contractual or not shall be referred to arbitration under the Lagos State Arbitration Law, 2009 (“Arbitration Law, 2009”) or under the Arbitration Rules of the Lagos Court of Arbitration, 2011 (“LCA Rules, 2011”).^[22] Parties may choose to have their disputes settled in accordance with the LCA Rules, notwithstanding prior writing agreement that disputes between them shall be referred to arbitration under any law other than the Arbitration Law, 2009.^[23]

It is important to note that reference to the Rules shall include the Schedule of Registration Fees and Administrative Charges of the LCA as well as the Schedule of Arbitrators’ Fees in effect on the date of commencement of the arbitration.^[24] Where these Rules shall govern the arbitration except that where any of these Rules is in conflict with a provision of the law applicable to the arbitration from which the parties cannot derogate, that provision shall prevail.^[25]

Commencement of arbitral proceedings        

Primarily, a formal notice must be given in order to commence an arbitral proceedings.^[26]The party that initiates recourse to arbitration is called the “Claimant”, and the other party is  called the “Respondent”.^[27]Arbitral proceedings are deemed to commence on the date on which the Respondent receives the notice of arbitration.^[28] A Respondent has within 30 days of the receipt of the notice (or such lesser period as may be fixed by the LCA), to communicate to the Claimant and where necessary, to the Executive Secretary a response to the notice of arbitration, which shall include the name and contact details of each Respondent; and a response to the information set forth in the notice of arbitration.^[29]

The Respondent may raise objection to the jurisdiction of the Arbitral Tribunal,^[30] present a brief description of counterclaims or claims for the purpose of a set-off, if any, including where relevant, an indication of the amount(s) involved, and the relief or remedy sought; and where the Respondent formulates a claim against a party to the arbitration agreement other than the Claimant, a notice of arbitration in accordance with  Article 3 of these Rules.

In addition, the respondent may make a proposal for the designation of an appointing authority,^[31] appointment of a Sole Arbitrator^[32] and notification of the appointment of an arbitrator. ^[33]

Notices

A notice is deemed received if delivered to the party at the address designated by a party specifically for service or authorized by the Arbitral Tribunal. Also, delivery by an electronic means such as facsimile or e-mail may only be made to an address so designated or authorized.^[34] Where no such designation or authorization is made, a notice is deemed received if it is physically delivered to the addressee; or if it is delivered at the place of business, habitual residence or mailing address of the addressee. ^[35] However, if after reasonable efforts, delivery cannot be effected in accordance with the foregoing, a notice is deemed to have been received if it is sent to the addressee’s last-known place of business, habitual residence or mailing address by registered letter or any other means that provides a record of delivery or of attempted delivery. ^[36]

Calculating a Period of Time

A notice generally is deemed received on the day it is delivered. A notice transmitted by electronic means is deemed to have been received on the day it is sent, except that a notice of arbitration so transmitted is only deemed to have been received on the day when it reaches the addressee’s electronic address. ^[37] For the purpose of calculating a period of time under these Rules, such period shall begin to run on the day following the day when a notice is received. If the last day of such period is an official holiday or a non-business day at the residence or place of business of the addressee, the period is extended until the first following business day. Official holidays or non-business days occurring during the running of the period of time are included in calculating the period. ^[38]

Where the parties have agreed that the arbitration is to be administered by the LCA, a notice of same shall be sent to the Executive Secretary of the LCA.^[39] A notice communicated to the Executive Secretary shall also include the fee prescribed in the Schedule of Registration Fees and Administrative Charges of the LCA; and confirmation that copies of the notice have been, or are being simultaneously, served on all other parties to the arbitration by one or more means of service permitted by this Article, to be identified in such confirmation.^[40]

Table 1.

Table of compulsory and optional contents of a notice of arbitration^[41]

Compulsory contents of a notice of arbitration[42]	Optional contents of a notice of arbitration
A demand that the dispute be referred to arbitration	A proposal for the designation of an appointing authority.[43]
The names and contact details of the parties;	A proposal for the appointment of a Sole Arbitrator.[44]
Identification   of   the   arbitration   agreement   that   is invoked	Notification of the appointment of an Arbitrator.[45]
Identification of any contract or other legal instrument out of or in which the dispute arises or, in the absence of such contract or instrument a brief description of the relevant relationship;
A brief description of the claim and an indication of the amount involved, if any;
The relief or remedy sought
The name, address, telephone number(s) and email address of the Claimant’s nominee if the arbitration agreement calls for party nomination of arbitrators.

 Representation and Assistance

Each party may be represented or assisted by persons chosen by them, and the names and addresses of such persons must be communicated to all parties and to the Arbitral Tribunal and, where applicable, the Executive Secretary. ^[46] Parties have right to designate the appointing authority, in the absence of which the LCA becomes the appointing authority. Any party may request the LCA to be the appointing authority, if after 30days the designated appointing authority fails to act.^[47] The appointing authority should be given all relevant information and take into considerations matters aimed at ensuring the appointment of an independent and impartial arbitrator.^[48]

Composition of the Arbitral Tribunal

If the parties have not previously agreed on the number of arbitrators, there shall be only one arbitrator.^[49] If the parties have agreed that a sole arbitrator is to be appointed and if within 30 days after receipt by all other parties of a proposal for the appointment of a sole arbitrator the parties have not reached an agreement thereon, a sole arbitrator shall, at the request of a party, be appointed by the appointing authority.^[50] If three arbitrators are to be appointed, each party shall appoint one arbitrator. The two arbitrators thus appointed shall choose the third arbitrator who will act as the presiding arbitrator of the Arbitral Tribunal. ^[51]

A party may propose the appointment of  a sole arbitrator if the other party has failed within 14 days after receipt of a party’s notification to notify the first party of the arbitrator it has appointed.^[52] If within 7 days of receipt of the notice, the party in default does not make the required appointment, the other party may appoint its arbitrator as sole arbitrator and the award of such arbitrator shall be binding on the parties as if the arbitrator had been appointed sole arbitrator by agreement of the parties.^[53] Where the two arbitrators have not agreed on the choice of the presiding arbitrator within 30 days after the appointment of the second arbitrator the presiding arbitrator shall be appointed by the appointing authority in the same way as a sole arbitrator would be appointed under Article 8.^[54]

Impartiality, Independence and Challenge of Arbitrator

Every arbitrator must disclose any circumstances likely to give rise to justifiable doubts as to his or her impartiality, independence or availability. This must be done from time to time unless such circumstances have already been disclosed. ^[55] If circumstances exist that give rise to justifiable doubts as to the arbitrator’s impartiality, independence, or availability, such an arbitrator may be challenged within 15 days after such circumstances become known to that party. ^[56] The notice of challenge shall state the reasons for the challenge, and be communicated to all other parties, to the arbitrator who is challenged, to the other arbitrators and, where necessary, to the Executive Secretary.^[57] When an arbitrator has been challenged by a party, all parties may agree to the challenge.

The arbitrator may also, after the challenge, withdraw from his or her appointment.^[58] If, within 15 days from the date of the notice of challenge, not all parties agree to the challenge or the challenged arbitrator does not withdraw, the party making the challenge may elect to pursue it. In that case, within 15 days from the date of the notice of challenge, it shall seek a decision on the challenge from the appointing authority.^[59] An arbitrator may be replaced by a substitute arbitrator who is appointed.^[60] If an arbitrator is replaced during proceedings, the proceedings shall resume at the stage where the arbitrator who was replaced ceased to perform his or her functions, unless the Arbitral Tribunal decides otherwise.^[61]

Pleadings

The Claimant shall communicate its Statement of Claim in writing to the Respondent and to each of the arbitrators within a period of time to be determined by the Arbitral Tribunal.^[62] A notice of arbitration may be treated as a Statement of Claim, provided it contains the names and contact details of the parties;  statement of the facts supporting the claim; the points in issue; the relief or remedy sought; and the legal grounds or arguments supporting the claim.^[63] Claimant must annex to the Statement of Claim a copy of any contract or other legal instrument out of or in relation to which the dispute arises as well as a copy of the arbitration agreement is , and all documents and other evidence relied upon by the Claimant, or contain references to them. ^[64]

This is also applicable to the Respondent’s statement of defence, only that its Defence must respond to averments in the statement of claim.^[65] a party may amend or supplement its claim or defence, including a counter-claim or a claim for the purpose of a set-off, unless the Arbitral Tribunal considers it inappropriate to allow such amendment or supplement.^[66] A party may plea as to the Jurisdiction of the Arbitral Tribunal , however such plea must be done at the earliest opportunity, say in the Statement of defence, with respect to a counter-claim or a claim for the purpose of a set-off, in the reply to the counter-claim or claim for the purpose of a set-off.^[67] The arbitral tribunal may rule on the plea or continue proceedings and make an award, notwithstanding any pending challenge to its jurisdiction before a court.^[68]Further written statements, in addition to the Statement of Claim and the Statement of Defence, may  be required from the parties.^[69]

Evidence in Arbitration

Generally, each party has the burden of proving the facts relied on to support its claim or defence,^[70] but the arbitral tribunal determines the admissibility, relevance, materiality and weight of the evidence offered. ^[71]

Hearings shall be held in camera unless the parties agree otherwise.^[72] The arbitral tribunal shall give the parties adequate advance notice of the date, time and place thereof.^[73] The Arbitral Tribunal may direct that witnesses, including expert witnesses, be examined through means of telecommunication (such as video conferencing) that do not require their physical presence at the hearing^[74]Experts may be appointed where necessary.^[75]

Exclusion of Liability

The Arbitral Tribunal, the appointing authority and any person appointed by the Arbitral Tribunal are excluded from any liability, save for intentional wrong. Parties are also not allowed to make any of these persons a witness in any legal or other proceedings arising out of the arbitration. ^[76]

Abridgement of time

The Arbitral Tribunal has the powers to extend or abridge any period of time prescribed under these Rules or agreed by the parties. ^[77] The periods of time fixed by the Arbitral Tribunal for the communication of written statements (including the Statement of Claim and the Statement of Defence) should not exceed 45 days. However, the Arbitral Tribunal may extend such time limit if justified in the circumstances.^[78]

Doctrine of Ex Aequo et Bono

The powers of an arbitral tribunal are usually conferred upon it by parties, together with any other powers conferred automatically by operation of law.^[79] The procedure adopted by the tribunal, although agreed by parties must comply with any mandatory rules.^[80] Under the LCA, the arbitral tribunal may conduct the arbitration in such manner as it considers appropriate, provided that the parties are treated equally and given reasonable opportunity to present its case, avoids unnecessary delay/ expense and provides a fair and efficient process for resolving the parties’ dispute.^[81] The tribunal should provide provisional timetable upon its constitution.^[82]

Interlocutory Applications

The arbitral tribunal has powers to grant interim measures in form of preservative, restorative or preventive orders. ^[83] The requesting party shall satisfy the Arbitral Tribunal that award of damages cannot assuage the pending harm and such harm substantially outweighs the harm that is likely to result to the party against whom the measures are directed if granted; there is a reasonable possibility that the requesting party will succeed on the merits of the claim,^[84] or to provide appropriate security.^[85]

Special Measures Arbitrator (SM Arbitrator)

A party that needs urgent; preservatory and/or special measures prior to the constitution of an Arbitral Tribunal may make an application to the LCA Secretariat for such measures and the appointment of a SM Arbitrator.^[86] Parties must undertake to comply with any order made by the SM Arbitrator (in the absence of both parties undertaking the applying party undertakes to pay damages).^[87] Any order made by the SM Arbitrator expressly reserves the power of the substantive tribunal to reallocate the costs of such proceedings and determine any claims arising out of or in connection with the compliance or noncompliance with the order. ^[88] However, the SM Arbitrator shall not exercise any powers (or may rescind any orders made) where it is shown that the parties have agreed to another pre-arbitral procedure that provides for the granting of conservatory, interim or similar measures or the parties have agreed to opt out of this rule.^[89] 

Place and Language of the Arbitral proceedings

The arbitral tribunal has Powers to determine the place of arbitration unless parties have previously agreed on the place.^[90] Powers to determine the language(s) to be used in the proceedings, subject to an agreement by the parties.^[91] Where there is a conflict between the Arbitration Law 2009 and these Rules, or where parties do not agree on the language to be used, the provisions of Section 36 of the law shall prevail.^[92]

Fast Track Hearing or Only Document Based Arbitration

Parties may request the Arbitral Tribunal to hold hearings for the presentation of evidence by witnesses, including expert witnesses, or fast track arbitration or only document based. In the absence of such a request, the Arbitral Tribunal shall decide whether to hold such hearings or whether the proceedings shall be conducted based on documents and other materials only. ^[93]

Joinder of Parties

Parties have to request one or more third parties to be joined in the arbitration as a party provided such person was a party to the arbitration agreement, unless the Arbitral Tribunal think otherwise.^[94]

Default Hearing

The arbitral tribunal may issue an order for the termination of the proceedings in default of filing of statement of claim by the Claimant^[95] or order that the proceedings continue in default of Respondent’s statement of defence without treating such failure in itself as an admission of the Claimant’s allegations. ^[96]

The arbitral proceedings are usually declared closed in the absence of more witnesses to be heard or submissions to make,^[97] and will only be reopened where the arbitral tribunal may, if it considers it necessary owing to exceptional circumstances.^[98]

Where a party fails to object promptly to any non-compliance with these Rules or with any requirement of the arbitration agreement it shall be deemed to be a waiver of the right of such a party.^[99]

Applicable Law (Amiable Compositeur)

Generally, the State, lays down the law it wishes to govern the conduct of arbitration within its territory.^[100] Under the LCA, the law designated by the parties is applicable to the arbitral proceedings, failing such designation by the parties, the Arbitral Tribunal shall apply any law that it determines to be appropriate. ^[101] The arbitral tribunal shall decide as amiable compositeur or ex aequo et bono only if the parties have expressly authorized it to do so.^[102]  In all other cases, the arbitral tribunal shall decide in accordance with the terms of the contract, if any and shall take into account any usage of trade applicable to the transaction. ^[103]

The Award^[104]

The Arbitral Tribunal may make separate awards on different issues at different times.^[105] The Arbitral Tribunal may make a single award or several awards in respect of all parties so involved in the arbitration.^[106] All awards shall be made in writing and shall be final and binding on the parties.^[107] It must state the reasons upon which the award is based,^[108] must be signed with date and place of arbitration.^[109]

Arbitrators make decisions. Where there are more than one arbitrator decisions are made by majority of the arbitrators,^[110] or where the arbitral tribunal so authorizes, the presiding arbitrator may decide alone, subject to review if necessary, by the arbitral tribunal. ^[111] An award may be made public with the consent of all the parties, or where a legal right permit.^[112]

Parties may settle their disputes even before the award is made.^[113] Parties may request for the interpretation of the award within 30 days after the receipt of the award,^[114] and the interpretation shall be given in writing within 45 days after the receipt of the request.^[115] Any party, within 30 days after the receipt of the award, with notice to other parties, may request the arbitral tribunal to correct any error in computation, any clerical or typographical error or any error or omission of a similar nature.^[116] The arbitral tribunal shall make the correction within 45 days of receipt of the request if it considers that the request is justified.

The Arbitral Tribunal may within 30 days after the communication of the award make such corrections where necessary on its own initiative.^[117] Such corrections shall be in writing and shall form part of the award.^[118] The arbitral tribunal may make additional award within 30 days after the receipt of the termination order or the award,^[119] and where appropriate fix the costs of arbitration in the final award.^[120] The recognition and enforcement of LCA awards are in accordance with section 56 of the LCAL.

Arbitrator’s fees

Arbitrator’s fees must be reasonable and shall take into account the amount in dispute, the complexity of the subject matter, the time spent by the arbitrators and any other relevant circumstances of the case.^[121] After its constitution, the arbitral tribunal shall promptly inform the parties of how it proposes to determine its fees and expenses, including any rates it intends to apply. Within 15 days of receiving that proposal, any party may refer the proposal to the appointing authority for review. If, within 15 days of receipt of such a referral, the appointing authority finds that the proposal for fees is not reasonable, it shall make any necessary adjustments thereto, which shall be binding upon the Arbitral Tribunal. ^[122]

The costs of the arbitration shall in principle be borne by the unsuccessful party or parties. However, the Arbitral Tribunal may apportion each of such costs between the parties if it determines that apportionment is reasonable, taking into account the circumstances of the case. ^[123] The Arbitral Tribunal may request that the parties deposit an equal amount as an advance for the costs.^[124]

Arbitrator Fees^[125]

Table 2.

Sum in Dispute (N)	Fee Schedule (N)
5M – 10M	200, 000
10M – 20M	2% OF  SUM IN DISPUTE
20M-40M	400, 000 +2.5 % IN EXCESS OF 20M
40M -200M	900, 000 + 1.1% IN EXCESS OF 40M
200M – 900M	2, 660, 000 + 0.35% IN EXCESS OF 200M
400M -900M	3,360, 000 +0.2% IN EXCESS OF 400M
900M -2B	4, 360, 000 +0.15% IN EXCESS OF 900 M
More than 2B	6, 010, 000

 

MISCELLANEOUS MATTERS

Location/Contacts, Vision and Membership of the Lagos Court of Arbitration

Location/Contact                 

The LCA is located within the International Centre for Arbitration & ADR (ICAA), on Plot 1a, Remi Olowode Street, 2nd Roundabout, Lekki Phase 1 Peninsular (Atlantic side), Lagos, Nigeria.

Vision/Mission statement

The vision of the LCA is to be the preferred natural and neutral arbitral/ADR institution in Africa; and to deliver internationally acceptable disputes services. Its mission statement is to deliver internationally acceptable disputes services.^[126]

Membership

The LCA actively engages ADR professionals through training, publications and intercultural exchanges. To access the full benefits of these programmes, and to become members of the LCA, collect and submit application forms to the LCA offices either online or in hardcopy with a professional curriculum vitae included. The application form must be accompanied with the membership fee, which can be paid by cash, cheque or electronic transfer. Transfers should be made to: The Lagos Court of Arbitration, Account number, 0001224652, Sort code, 068150015, Standard Chartered Bank Nigeria Limited, Ahmadu Bello Way, Victoria Island, Lagos. Applications are reviewed by the LCA Board of Directors who reserve the right to deny applicants at their sole discretion. Where applications are rejected, a partial refund will be given. Membership is valid for twelve calendar months after payment of membership fees has been confirmed.

Membership Benefits: These include the acquisition of knowledge on the current trends in arbitration and ADR. Shared knowledge and support through an allocated interest group. Access to ADR related news via electronic and hardcopy newsletters. Opportunities to exchange articles with other LCA members via “The LCA Forum”. Discounts on LCA events, trainings and activities. Free advice on arbitration and ADR law and practice. Access to the LCA annual lunch/dinner. Access to free lectures on ADR or corporate topics, hosted by distinguished speakers.

Membership Fees N15, 000 ($100) for individuals. N45, 000 ($300) for Corporate members (includes membership for up to four members). N5, 000 ($35) for students. N10,000 to be listed as an arbitrator or mediator.^[127]

Conclusion

Since its inception, the LCA has promoted commercial awareness of arbitration and ADR mechanisms through advocacy, training workshops and conferences. It has also provided parties with flexibility and confidentiality in the resolution of their disputes, ensuring integrity and enforceability.

The LCA Rules adequately provided for the procedure starting from the commencement of the arbitral proceedings to its final stage. In addition, with the amendment of the LCA rules in 2003, a party may now apply to the LCA Secretariat for measures aimed at preserving the res, pending the outcome of the arbitration award. This innovative addition will further encourage parties to recourse to arbitration as a useful medium for dispute resolution.

Having provided an overview of the LCA, this paper therefore recommends that the LCA should be better patronised, with more scholarly articles and textbooks written on the LCA.

 

 

[1] LCAL, s 1(2)

[2] LCA International Centre for Arbitration and ADR <www.ica.org.ng/arbitration/arbitration_rules/> accessed 4 April 2018

[3] LCAL, ss 3 and 7

[4] LCAL, ss 4 and  8

[5] LCAL, s 5

[6] Lagos State Arbitration Law 2009 No. 18

[7] Lagos State Multidoor Court Law 2007, which came into force on the 18th day of May 2007

[8] An administrative fee of ₦157, 300 (US$550) per party per annum is payable on receipt of the funds and thereafter every year- LCA Fund holding Policy 1

[9] HAR, art 1

[10] HAR, art 2

[11] HAR, art 3

[12] HAR, art 4

[13] HAR, art 5

[14] HAR, art 8(1)

[15] HAR, art 8 (2)

[16] HAR, art 8(3)

[17] HAR, art 13

[18] HAR, art 10

[19] HAR, art 11(4)

[20] HAR, art 14

[21] Preamble to the LCA Rules

[22] LCA Rules, art 1 (1)

[23] LCA Rules, art 1 (2)

[24] LCA Rules, art 1 (3)

[25] LCA Rules, art 1 (4)

[26] Nigel Blackaby and others, Redfern and Hunter on International Arbitration (6^th Edn OUP, 2015) 20

[27] LCA Rules, art 3(1)

[28] LCA Rules, art 3 (2)

[29] LCA Rules, art 3 (3)(c) to (g)

[30] LCA rules, art 4 (2) (a)

[31] LCA Rules, art 6 (1)

[32] LCA rules, art 8 (1)

[33] LCA Rules, art 9

[34] LCA Rules, art 2 (2)

[35] LCA Rules, art 2(3)

[36] LCA Rules, art 2(4)

[37] LCA Rules, art 2 (5)

[38] LCA Rules, art 2(6)

[39] LCA Rules, art 3 (1)

[40] LCA Rules, art 3(6)

[41] LCA Rules, art 4

[42] LCA Rules, art 3(3)

[43] LCA Rules, art 6(1)

[44] LCA Rules, art 8(1)

[45] LCA Rules, art 9

[46] LCA Rules, art 5.

[47] LCA Rules, art 6 (3)

[48] LCA Rules, art 6(6). To ensure independence, an arbitrator of a nationality other than the nationalities of the parties may be appointed

[49] LCA Rules, art 7

[50] LCA Rules, art 8(1)

[51] LCA Rules, art 9 (1)

[52] LCA Rules, art 9(2)

[53] LCA Rules, art 9(3)

[54] LCA Rules, art 9 (4)

[55] LCA Rules, art 12

[56] LCA Rules, art 13

[57] LCA Rules, art 13 (5)

[58] LCA Rules, art 13 (6)

[59] LCA Rules, art 13(7)

[60] LCA Rules, art 14

[61] LCA Rules, art 15

[62] LCA Rules, art 20 (1)

[63] LCA rules, art 20 (2)

[64] LCA Rules, art 20 (3) and (4)

[65] LCA Rules, art 21

[66] LCA Rules, art 22

[67] LCA Rules, art 23

[68] LCA Rules, art 23 (3)

[69] LCA rules, art 24

[70] LCA Rules, art 27(1)

[71] LCA Rules, art 27(4)

[72] LCA Rules, art 28(3)

[73] LCA Rules, art 28(1)

[74] LCA Rules, art 28(4)

[75] LCA Rules, art 29

[76] LCA Rules, art 16

[77] LCA Rules, art 17(2)

[78] LCA Rules, art 25

[79] Redfern and Hunter (n 22) 306

[80] Ibid 353

[81] LCA Rules, art 17

[82] LCA Rules, art 17(1)

[83] LCA Rules, art 26(2)

[84] LCA Rules, art 26 (3)

[85] LCA Rules, art 26(6)

[86] LCA Rules, art 11(1)

[87] LCA Rules, art 11 (3)(c)

[88] LCA Rules, art 11(4)

[89] Proviso to LCA Rules, art 11

[90] LCA Rules, art 18

[91] LCA Rules, art 19

[92] The Arbitration Law 2009, s 36 provides that parties may agree on the language to be used in the arbitral proceedings, where they fail to agree, the language shall be English.

[93] LCA Rules, art 17(3)

[94] LCA Rules, art 17 (5)

[95] LCA Rules, art 30(1) (a)

[96] LCA Rules, art 30(1) (b)

[97] LCA Rules, art 31 (1)

[98] LCA Rules, arb 31 (2)

[99] LCA Rules, art 32

[100] Redfern and Hunter (n 22) 167

[101] LCA Rules, art 35(1)

[102] LCA Rules, art 35(2)

[103] LCA Rules, art 35 (3)

[104] LCA Rules, s iv

[105] LCA rules, art 34(1)

[106] LCA Rules, art 17 (5)

[107]LCA Rules, art 34(2)

[108] LCA Rules, art 34 (3)

[109] LCA Rules, art 34 (4)

[110] LCA rules, art 33 (1)

[111] LCA Rules, art 33 (2)

[112] LCA Rules, art 34 (9). For instance, where there is a legal duty to disclose.

[113] LCA Rules, art 36

[114] LCA Rules, art 37 (1)

[115] LCA Rules, art 37(2)

[116] LCA Rules, art 38(1)

[117] LCA Rules, art 38(2)

[118] LCA Rules, art 38(3)

[119]LCA Rules, art 39

[120] Costs here includes arbitrator’s fees, reasonable travel and other expenses incurred by the arbitrators etc See LCA Rules, art 40

[121] LCA Rules, art 41 (1)

[122] LCA Rules, art 41 (3)

[123] LCA Rules, art 42(1)

[124] LCA Rules, art 43

[125] <www.lagosarbitration.org> accessed 5 April 2018

[126] ibid

[127]  ibid