STATISTICS ON THE LENGTH OF TIME IN DETERMINING ARBITRATION APPEALS

 

 

Case

Subject Matter

Date of Award

Date of decision at the High Court

Date of decision at the Court of Appeal

Date of decision at the Supreme Court

Length of period from the date of institution at the High Court to the Supreme Court

1.

Araka

 vs. Ejeagwu [2000] 15 NWLR Prt. 692 P. 684

The Appellant commenced this action against the Defendant for the recognition and enforcement of an arbitral award of a revised rent payable in respect of a Lease Agreement between the Appellant and the Respondent.

8th September, 1994

29th January, 1996

25th November, 1998

15th December, 2000

4

2.

Taylor Woodrow vs.

S.E. GMBH [1993] 4 NWLR Prt. 286 P. 127

An arbitral award was made in favour of the Respondent for the Appellant’s breach of the contract between the parties. The Appellant consequently applied to set aside the arbitral award on the ground that the arbitrator misconducted himself. The Appellant’s suit was dismissed at the High Court, Court of Appeal and Supreme Court.

 

21st November, 1988

21st May, 1990

23rd April, 1993

5

3.

Comptoir Commercial & Ind. Ltd vs.

Ogun State Water Corporation & Another [2002] 9 NWLR Pt. 773 P. 629

A dispute arose from a contract between the Appellant and the Respondent on the issue of whether the Appellant was entitled to escalation cost in addition to its contract price. The Arbitrator found in favour of the Respondent. The Appellant consequently brought an action to set aside the arbitral award.

23rd December, 1986

14th July, 1987

7th July, 1992

12th April, 2002

15

4.

A. Savoia Limited

vs.

 Sonubi (2000)12 NWLR (Part 682) 539

The subject matter of the suit at the High Court was for an order of Court setting aside the arbitral award of the 8th day of March, 1985

 

Ogundare JSC noted that it has always been thought that proceedings by way of arbitration is a quick way to resolution of disputes between contracting parties, when compared with the tardy proceedings of a law Court. This case appears to cast some doubt on the truism of this belief.”

8th March, 1985

14th October, 1985

4th April, 1991

14th July, 2000

15

5.

Home Devpt. Limited

vs.

Scanola Const. Ltd.(1994)8NWLR(pt.362)252

The subject matter of the suit at the High Court inter alia was for an order that the arbitral award be set aside.

29th August, 1985

30th May, 1986

21st May, 1987

23rd September, 1994

8

6.

K.S.U.D.B. vs.

Fanz Const. Co. Ltd. (1990) 4 NWLR (Part 142) 1

The subject matter of the suit at the High Court was for leave to enforce an arbitral award. The Defendant however opposed this.

 

27th June, 1983

1st July, 1986

15th June, 1990

7

7.

Commerce Assurance Limited

vs.

Alli(1992)3 NWLR( PT. 232) 710

The declaration that the Defendant should pay to the Plaintiff the award made on the 19th of March, 1980.

19th March, 1980

16th July, 1981

13th January, 1986

10th April, 1992

11

8.

NNPC v. Lutin Invest. Ltd (2006) 2 CLRN 1

NNPC filed an application at the High Court seeking an order to remove the Arbitrator from the office on the ground the Arbitrator was no longer considered reasonable, fair, impartial, suitable and qualified to continue with the proceedings.

 

20th December, 1997

22nd March, 2001

13th January, 2006

9

 

The average Length of period from the date of institution at the High Court to the Supreme Court is                          9.3years.