Journal of
Law and Conflict Resolution

  • Abbreviation: J. Law Conflict. Resolut
  • Language: English
  • ISSN: 2006-9804
  • DOI: 10.5897/JLCR
  • Start Year: 2009
  • Published Articles: 98

Review

Determinants of jurisdiction in arbitral proceedings for construction contract dispute resolution in Nigeria.

OJO, Ademola Eyitope
  • OJO, Ademola Eyitope
  • Department of Physical Planning and Development, Federal University, Oye Ekiti. Ekiti State Nigeria.
  • Google Scholar


  •  Received: 11 February 2014
  •  Accepted: 26 February 2014
  •  Published: 31 May 2014

Abstract

Well known to construction industry contracts are disputes such as unresolved claims and are inimical to achieving project objectives. This has attracted provision of dispute resolution clause in contractual agreements such as Arbitration clause aimed at resolving any emerging dispute. However, the issue of challenge of jurisdiction (powers) of the arbitrator(s) remains a reoccurring determination in Nigeria courts. Considering arbitral agreements/ clause in domestic perspectives, the paper reviewed provisions of Nigerian Arbitration and Conciliation Act, (ACA) 1988, some other relevant laws and decided court cases as related to determinants of arbitrator(s’) jurisdiction. It discovered that interplay of several factors including principle of parties’ autonomy; project specific characteristics, complexity of construction etc are essential determinants. The paper however concluded that it may be complex to enlist determinants for jurisdictional powers of arbitral panel but recommended that basic requirements should not be far from those provided for by the national arbitration law and the characteristic of construction project contract and environment, while contracting parties must have in view court decisions on construction industry market in drafting arbitral agreements.
 
Key words: Arbitral Proceedings, Construction Contract, Jurisdiction Nigeria.