‘COMMERCIAL ARBITRATION LAW AND PRACTICE IN NIGERIA THROUGH THE CASES’
BY
MRS. ADEDOYIN RHODES-VIVOUR, C.Arb
The presentation of the book titled “Commercial Arbitration Law and Practice in Nigeria through the Cases” authored by Mrs. Adedoyin Rhodes-Vivour, C.Arb and published by LexisNexis South Africa one of the most trusted names in legal publishing was held on the 15th day of November 2016 at the International Centre for Arbitration and ADR, Lagos.
The book, ‘Commercial Arbitration Law and Practice in Nigeria through the Cases’ is described as a comprehensive and quick reference material offering practical and in-depth guidance through Nigerian cases. The book on a ‘subject by subject and case by case’ basis guides the reader on the court’s interpretation statutes by summarizing the decisions of the courts with relevant quotations from respective cases. The book draws from Mrs. Adedoyin Rhodes-Vivour’s experience in international arbitration with extensive years of practice in the field of arbitration and alternative dispute resolution.
In his opening remarks, Hon. Justice Chima Nweze, a Justice of the Supreme Court and a distinguished Professor of law, stated that the book, ‘Commercial Arbitration Law and Practice in Nigeria through the Cases’ supplies the missing link in arbitration literature as there has been no major work devoted entirely to cases and materials on arbitration. To him, ‘the book issued by the reputable publishers LexisNexis will soon prove to be a most invaluable vade mecum for all arbitrators; judges; practitioners; law teachers; law students; policy makers and all who have an abiding interest in Arbitration Law and Practice.’
Elizabeth Oger-Gross a partner in White & Case’s international arbitration group spoke on the topic “The Inter-relationship between Effective Systems of Dispute Resolution & Economic Development”. She described an effective system of dispute resolution as ‘a system that puts an end to the dispute – it does not drag on forever’, ‘a system that the parties trust – they believe, even when they lose, that the process was fair,’ and ‘a system that works.’ She stated that parties in international disputes prefer arbitration as they are often reluctant to subject themselves to the jurisdiction of the other party’s national courts and international arbitration provides parties with neutrality, enforcement, expertise and speed. While noting that economic development has been fueled in large part by foreign investments and cross-border operations, she stated that to attract foreign investment it is imperative for states to make arbitration friendly policies which will result in enhanced use of international arbitration by States and investors.
The book reviewer Dr. Adewale Olawoyin SAN, gave a detailed review of the book highlighting critical and striking passages of the book. He stated that the author effectively sets herself apart from most local texts on arbitration by making judicial decisions the central driver of the analytical discourse that runs through the book.
He admonished arbitration practitioners to ‘…develop a radical paradigm shift in their perception of arbitral awards as final and binding.’ In his words, ‘Such a mental and attitudinal acceptance of the finality of arbitral awards is perhaps far more crucial than the need for reform of the law.’
He adopted the apt words of Hon. Justice Olufunlola O. Adekeye JSC(Rtd) in the foreword to the book that, “This book is by any standard a compilation of industry, hardwork, dedication, deft research and above all a valuable legal resonance. It will be incalculably precious to critical minds, practitioners and students in their quest to shed light on the grey areas of Commercial Arbitration law and practice.”
In conclusion, he stated that, ‘‘Commercial Arbitration Law and Practice in Nigeria through the Cases’ by Mrs. Doyin Rhodes-Vivour is a treasure trove of information, cases (reported and unreported) and practical experience of arbitration law and procedure. It would certainly be an invaluable addition to the arbitration law library of law firms, academic and professional institutions.”
The book was presented by Mrs. Hairat Balogun OON, a life Bencher of the Body of Benchers and the first female Attorney-General of Lagos State and Chief (Mrs.) Tinuade Oyekunle, a foremost internationally recognized arbitrator. Mrs. Hairat Balogun OON in her remarks, stressed that arbitration is not only for lawyers, thus practitioners could be accountants, architects, engineers, doctors and those in the finance and insurance industry. She stated that the book is a very unique addition and timely as it fills a void in the legal literature on arbitration. She titled the book, ‘An opus on Arbitration by Mrs. Rhodes-Vivour.’
Chief (Mrs.) Tinuade Oyekunle stated ‘I have proudly said it abroad that Nigerians are better arbitrators and I am now been proved right to see a female Nigerian putting up this very elegant and educative practitioners’ book on arbitration. This book proves that the court supports arbitration in Nigeria.’
Chief Mrs. Folake Solanke SAN, CON first female Senior Advocate of Nigeria stated that the reviews and the critiques of the book have been excellent. She remarked that alternative dispute resolution(ADR) has come to stay in Nigeria and cautioned that technicality should not be permitted in arbitration. In her words, ‘people must be trained to know what arbitration is all about. Non-legal practitioners must be conversant with laws regulating arbitration.’
Goodwill messages and brief remarks were delivered by notable personalities in the legal profession and the business community. Hon. Justice Bode Rhodes-Vivour JSC CFR stated that, ‘the book is so comprehensive that it says virtually everything you want to know about arbitration in Nigeria. I have always looked forward to the day that non-legal professionals including architects, engineers and doctors will be involved in arbitration.’ He further stated that ‘Nigeria in a very short time will be a hub for arbitration in Africa.’
The Chief Judge of Lagos State Hon Justice O.O. Atilade (Mrs.) ably represented by Hon. Justice J.E. Oyefeso stated that, ‘the exponential growth of trade and investment in our nation coupled with our drive to attract direct foreign investment have made it all the more imperative that we develop and sustain viable dispute resolution mechanisms to resolve conflicts when they do arise.’ She further stated that, ‘I am confident that this book will help to stem the tide of unnecessary challenges to Awards by disgruntled parties who do not seem to understand the arbitration process. By educating ourselves through this most useful resource material among others, we will maintain the integrity of the process and strengthen investor confidence in our dispute resolution systems.’
The Attorney General of Ogun State Dr. Olumide Ayeni delivered a goodwill message on behalf of the Executive Governor of Ogun State, His Excellency, Senator Ibikunle Amosun CON. He congratulated the author and reiterated the role of arbitration in economic development.
Mr. A.B. Mahmoud OON SAN, President of the Nigerian Bar Association represented by Dr. K.U.K Ekwueme, noted that the book is a significant contribution to the state of knowledge on arbitration in Nigeria. He stated that ‘the book does not recycle the existing literature on arbitration; but it is an original book, and an intellectual ritual which adopts a distinctively distinguishing methodology which is case review, widely regarded as the best way of following legal developments.’ He thanked the author for her exemplary leadership in the promotion of arbitration in Nigeria and in helping to shape the judicial attitude to arbitration which has moved from judicial hostility to judicial hospitality thanks to the efforts of all alternative dispute resolution practitioners.
Dr. Oba Otudeko CFR in his goodwill message stated that the book is a affirmation of the author’s profound understanding, comprehensive insight, hardwork, passion and commitment to the growth of the noble profession. He further stated that “Our hope is that others with diverse knowledge of other specialized areas of law will emulate the laudable example of Mrs. Adedoyin Rhodes-Vivour as we work to encourage commercial arbitration as a platform for alternative dispute resolution in our country.” He concluded by stating as follows: ‘In business I want to encourage that we strengthen this platform because through this platform a lot of foreign exchange can be saved. But for it to be strong and robust enough, not only must we subscribe to it, the practitioners must also be drawing from sound knowledge and they must through their pronouncement as well as through their conduct encourage the building of this place into a place where so much more arbitration will come, so much more, money will be saved and therefore people will be drawn back from London and Paris, from the Hague and Toronto and they will finish their arbitration in Nigeria.’
Chief Dr (Mrs.) Nike Akande, OON President of Lagos Chamber of Commerce and Industry and a two-time Minster for Industry in Nigeria congratulated the author of the book, a very supportive member of the Council of the Lagos Chamber of Commerce and Industry and wished her continued success stating that ‘the sky is the limit.’
Chief Bayo Ojo, former Attorney-General of the Federation confirmed that for the first time a legal text on arbitration in Nigeria considered arbitration law and practice through the prism of cases.
Dr. Omogbai Omo-Eboh, the immediate past president of the Maritime Arbitrators Association of Nigeria (MAAN) congratulated the pioneer president of MAAN Mrs. Rhodes-Vivour and praised her for her hard work, industry, commitment and focus in all her undertakings.
Mr. Mike Igbokwe SAN urged practitioners to share their knowledge through books. He stated that the development of arbitration in Nigeria is progressive and books of this nature will assist Nigeria in being recognized as a seat of arbitration in Africa and the world.
The Executive Secretary of the Nigerian Shippers’ Council, Mr. Hassan Bello urged maritime operators to utilize alternative dispute resolution for quick and fast resolution of disputes.
When asked what motivated her to write the book Mrs. Rhodes-Vivour said “It was my desire to make available a one stop reference material for all seeking knowledge on the state of Nigerian Arbitration law and its statutes as interpreted by the Court.” She remarked that she was further motivated by the need to encourage law reform, the repeal of all Ordinance based Arbitration Laws (1914 Arbitration Ordinance based on 1889 English Arbitration Act) and the review of the Arbitration And Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004 which is now outdated as it no longer represents International standards.
She referred to the coverage of international instruments in the publication and said it was aimed at guiding practitioners and users on international best practices. She referred to chapter 16 on ‘Conduct of counsel in arbitration’ and said she was motivated to write the chapter to enlighten counsel on the need to always be courteous towards the tribunal treating the arbitral tribunal with the same respect and decorum accorded to Court in compliance with the rules of professional conduct at the bar. Mrs Rhodes-Vivour referred to arbitration matters being locked up in the court system for several years due to the huge docket of judges thus militating against the very reason parties entered into the arbitration clause in the first place.
She reiterated that it is time Nigeria began to strategize as a nation in fully tapping into the gold mine of developing itself into a preferred arbitration destination as a means to economic development and prosperity. She emphasized that this status does not happen accidentally and that other destinations such as London, Paris, Germany, New York and Singapore achieved the status through conscious and deliberate efforts and strategic planning.
In her remarks Mrs. Rhodes-Vivour expressed her gratitude to everyone present at the event. She concluded by stating thus, ‘The purpose of living is to give something back to the society. I am grateful for the opportunity afforded to me by this publication to give something back by making accessible knowledge in the field of Arbitration & ADR. I am grateful to God that I started the work and the work was finished. I look to God to write subsequent editions.’
The event which was graced by dignitaries, serving and retired members of the bench, the bar, captains of industries, notable persons in the field of arbitration and alternative dispute resolution, friends and family members including Hon. Justice Chima Nweze JSC; Honorable Justice Bode Rhodes-Vivour JSC CFR; Honourable Justice Galadima JSC(Rtd); President of the Court of Appeal Hon. Justice Zainab Adamu Bulkachuwa CFR ably represented by Hon Justice M.L. Garba JCA; Hon Justice Georgewill JCA; Hon. Justice Obaseki Adejumo JCA; Hon. Justice Adefope-Okojie JCA; Chief Justice of Lagos State State Hon Justice O.O. Atilade (Mrs.) ably represented by Hon. Justice Oyefeso; Hon. Justice B. A. Adejumo OFR; President of the National Industrial Court of Nigeria ably represented by Mr. Odunayo Olutomi Bamodu; Hon Justice A. Oyebanji; Hon Justice Jumoke Pedro; Hon Justice Oshodi; Hon Justice L.A.F Oluyemi; Hon Justice I.O. Harrison; Hon. Justice Taiwo Taiwo; Hon Justice Ishola (Rtd); Hon Justice A. Mustapha(Rtd); Hon. Justice S. O. Hunponu-Wusu (Rtd); The President of the Nigerian Bar Association Mr. A.B Mahmoud OON SAN ably represented by Dr. Khruschev Ekwueme; Dr. Oba Otudeko CFR; Chief Dr (Mrs.) Nike Akande, OON: Chief Isaac Jolapamo former President of the Indigenous Shipowners Association of Nigeria (ISAN) and Chief Executive Officer, Morlap Group; Dr. Olumide Ayeni, the Attorney- General of Ogun State; Chief Mrs. Folake Solanke SAN CON, Mrs. Hairat Balogun OON; Mr. Louis Mbanefo SAN; Mr. L.O. Fagbemi SAN; Mr. Olumide Sofowora SAN; Mr. George Etomi; Mr. E.O. Sofunde SAN; Chief G.N. Osakwe; Mr. Mohammed Dele Belgore SAN; Mr. Supo Shasore SAN; Mrs. Funke Adekoya SAN, Mr. John Miles of JMiles Kenya, Mr. Tunde Busari SAN, Mrs Funke Agbor SAN; Mrs. Folashade Alli, Mrs. Olusola Adegbonmire, Mrs Obosa Akpata, Mrs. Josephine Akinwunmi; Mrs. Caroline Etuk Director Lagos State Multidoor Courthouse; Chief Sena Anthony; Mr. Ned Mojuetan, General Counsel Chevron Nigeria Limited, Mrs. Margaret Orakwusi Morbod Group; Mr. Hassan Bello Executive Secretary Nigerian Shippers Council; Mrs. Ifeoma Ezedinma, Dep. Director (Human resource Management) Nigerian Shippers Council; Mr. Bukola Lawal DG of Nigerian Chamber of Shipping, Mr. Adeleke Yussuf of UACN Plc, Mrs Folake Kalaro , Manager Legal Services, UPDC and Old girls of Queens College 71.
Below is the pictures of book presentation
[caption id="attachment_38185" align="aligncenter" width="560"] Mr. Chris Okeke; Mrs. Adedoyin Rhodes-Vivour C.Arb; Hon Justice Bode Rhodes-Vivour JSC CFR; Mr Olumide Sofowora SAN[/caption]
[caption id="attachment_38186" align="aligncenter" width="560"] Mrs. Josephine Akinwunmi, Mrs. Folashade Alli, Mrs. Adedoyin Rhodes-Vivour C.arb, Mrs. Olusola Adegbonmire, Mrs Obosa Akpata[/caption]
[caption id="attachment_38187" align="aligncenter" width="560"] Prof. Fabian Ajogwu SAN, Principal of the law firm Kenna Partners; Mrs. Priscilia Ogwemoh, Managing Partner Arbitration and ADR, Olisa Agbakoba Legal[/caption]
[caption id="attachment_38188" align="aligncenter" width="560"] Hon Justice M.L. Garba JCA Presiding Justice Lagos Judicial Division, Court of Appeal; Hon. Justice Chima Centus Nweze JSC; Hon. Justice Bode Rhodes-Vivour JSC CFR[/caption]
[caption id="attachment_38189" align="aligncenter" width="560"] Chief (Mrs.) Tinuade Oyekunle, Chartered Arbitrator, Principal Partner Sonotina Chambers; Mrs. Balogun Hairat OON, Founder and Senior Partner at Libra Law[/caption]
[caption id="attachment_38190" align="aligncenter" width="560"] Chief (Mrs.) Tinuade Oyekunle, Chartered Arbitrator, Principal Partner Sonotina Chambers; Mrs. Balogun Hairat OON, Founder and Senior Partner at Libra Law[/caption]
[caption id="attachment_38191" align="aligncenter" width="560"] Chief Lateef Fagbemi SAN, Mrs. Funke Aboyade SAN[/caption]]]>