The events of the 1st quarter of 2020 have left an indelible message— “normal” has changed. We have a new world to deal with courtesy of the COVID-19 pandemic. One area that has benefited from this rude shock to our daily routine is the technology that allows us to bridge…

In Kenya, Arbitration is classified among the mechanisms commonly referred to as Alternative Dispute Resolution (ADR) and involves a neutral third party in the settlement of disputes. The Arbitration Act of Kenya, 1995[1] defines arbitration to mean ―any arbitration administered by a permanent arbitral institution or otherwise.[2] This definition has…

More than ever before, it has become evident that we live in an inter-connected world. As arbitrators, the idea of building an international arbitration practice and experience has become ever more significant. In this edition of LACIAC’s ADR Personality Special, Tsegaye Laurendeau, takes on a journey that demystifies the secrets…

In May 2019, African countries created one of the largest free trade areas in the world after the World Trade organization. As we make history, LACIAC takes a deep dive into the dispute resolution framework of the African Continental Free Trade Area (AfCFTA). We consider pertinent questions including whether sufficient…

*Written by Talkmore Chidede Historically, African countries have signed investment treaties, particularly bilateral investment treaties (BITs) to attract foreign direct investment (FDI), as a developmental strategy.  To date, BITs have been executed between African countries (intra-African BITs), with developed countries (traditional/North-South BITs) or with other developing countries outside the continent…

*Written by Tolu Olatunji Regional trade agreements often encounter some legal uncertainties due to unpredictability, non-compliance, non-transparency, and lack of remedies in instances of breaches.  Private investors and traders are the most likely to be negatively affected and this sometimes makes investors more pensive and doubtful about the markets if…

*Written by Naomi Tarawali During the African Union’s 12th Extraordinary Summit in early July, the signatory States of the Agreement Establishing the African Continental Free Trade Area (the “Agreement”), which entered into force on May 30, 2019, launched the Agreement’s operational phase. The Agreement is pioneering as a truly pan-African…

The Lagos Chamber of Commerce International Arbitration Centre (LACIAC) in collaboration with Famsville Solicitors, Olawoyin & Olawoyin and Doyin Rhodes Vivour & Co is organizing a 1-day roundtable discussion on Maritime Business & Disputes.  The two panel discussion will provide first-hand insight and knowledge on the following topics:  Session 1: African…

Tax disputes are conflicts or controversies between taxpayers and tax authorities on the interpretation and application of tax laws. Tax disputes usually arise when taxpayers and tax authorities disagree on the administration of tax laws usually with respect to tax assessments and liability. Tax disputes are essentially legal disputes over…

The competence and expertise of African arbitrators in the international arbitration arena is often a subject of debate. Those who argue that African arbitrators possess the requisite skill in international arbitration dispel the lack-of-competence argument as mere perception. They posit that African arbitrators have the talent required to compete on…

In Union of India v Khaitan Holdings, a Delhi High Court refused to stay international arbitration proceedings initiated against the Republic of India in connection with a Bilateral Investment Treaty (BIT) with Mauritius. The court decided that the question of jurisdiction must be decided by the arbitration tribunal itself. This…

A Stakeholders’ Roundtable on Sports Business and Dispute Resolution will be held on Tuesday, 19th March 2019. This roundtable is a collaborative effort between Lagos Chamber of Commerce International Arbitration Centre and the following organisations: the Lagos State Sports Commission, Akinwunmi and Busari, Andi Daze Legal, SuperSport, 7Up Bottling Company…

The first Regional Training Workshop on Dispute Management in Africa Infrastructure Projects was held in Lagos on Friday, 18th January 2019. The workshop was a collaborative effort of the Lagos Chamber of Commerce International Arbitration Centre (LACIAC) and the Association for Consulting Engineering in Nigeria (ACEN), as well as the international…

Written by ‘Yemi Akisanya (CEDR Accredited Mediator, MSCMA (UK), and Principal, Adeyemi-Akisanya More than ever before, modern companies are striving to achieve and sustain optimal economic prosperity, strongly balanced with excellent public relations, social responsibility, and environmental performance.  These concerns form the core of a new trend in the practice…

Written by Kome Oruade An attractive characteristic of arbitration as an alternative dispute resolution mechanism is party autonomy; the freedom of having disputes resolved in a manner determined by the parties. Parties, especially those in a commercial contract, often desire customized dispute resolution procedures that are not available in the…

Lagos Chamber of Commerce International Arbitration Centre (LACIAC) in conjunction with G. Elias & Co. is organising an entertainment industry roundtable which will be held on Tuesday, 13 November 2018. The theme of the roundtable is “Entertainment Law Contracts and the Protection of Intellectual Property Rights”. The discussion will provide…

Written by Kome Oruade A successful arbitration always requires the arbitral tribunal’s adroit handling of the proceedings. This is more so because tribunal’s composition often determines the success or failure of the proceedings.  Hence, J.F. Lalive opines that “[t]he choice of the persons who compose the arbitral tribunal is vital…

Introduction The backlog of cases in the Nigerian legal system has increased the clamour for alternative dispute resolution (ADR) specifically, court-annexed mediation. Several high courts initiates, notably the Abuja, Kano, and Lagos Multi-Door Court Houses and the Lagos State Citizens Mediation Centre, now list mediation as a means of dispute…

The Arbitration and Conciliation Act (Repeal and Re-enactment) Bill (The Bill) has successfully passed through the Senate and awaits the concurrence of the House of Representatives and the assent of the Presidential to become law. The purpose of this reform is to modernize Nigeria’s arbitration law and tackle problems that…

The Arbitration and Conciliation Act (Repeal and Re-enactment) Bill (The Bill) has successfully passed through the Senate and awaits the concurrence of the House of Representatives and the assent of the Presidential to become law. The purpose of this reform is to modernize Nigeria’s arbitration law and tackle problems that…

The Senate of the National Assembly on Thursday, 1 February, 2018, passed the Bill for an Act to repeal the Arbitration and Conciliation Act 1988 and enact a new Arbitration and Conciliation Act. The Bill is expected to pass through the House of Representatives and obtain presidential approval before it…

The Nigerian Senate has finally passed the Petroleum Industry Governance Bill after 17 years of consideration. The bill which seeks to reform the oil and gas industry will unbundle the Nigerian National Petroleum Corporation (NNPC), the Department of Petroleum Resources (DPR), the Petroleum Products Pricing and Regulatory Agency (PPPRA) as…

On the 3rd of December 2016, Nigeria and the Kingdom of Morocco signed a Bilateral Investment Treaty (BIT) with the aim to improve bilateral trade relations and strengthen their business relationship. The Nigeria/Morocco BIT is an ambitious update on traditional treaties and a significant attempt by two developing countries to…

Nigeria’s Arbitration Act[1], was enacted in 1988 and is now being reviewed to bring it up to date with international best practices in arbitration and alternative dispute resolution. Since it was enacted 29 years ago, there have been several important legal developments in arbitration. This year, the Nigerian Senate is…

Nigeria’s National Judicial Institute has issued a strong statement of judicial policy in support of arbitration. In a letter dated 26 May 2017 and written to all Heads of Court, the Chief Justice of the Federal Republic of Nigeria, the Hon. Justice W.S.N. Onnoghen, GCON, FNJI, who also chairs the…

THE Lagos Court of Arbitration (LCA) has signed a Memorandum of Understanding (MoU) with the Lagos Chamber of Commerce International Arbitration Centre (LACIAC). A statement by the President of the LCA, Olasupo Shasore (SAN) said, “It is an organic partnership as both organisations are committed to improving the business climate…