As the economy of the world is rebalancing, so is the world of international commercial arbitration. Some twenty five years back, none of the four BRIC (Brazil, Russia, India and China) countries had an effective international commercial arbitration national law, national arbitration institution with a significant number of international cases, or an international arbitration bar. Now, with the notoriety of the internet and the availability of the international arbitration rules, awards, treaties and other materials, some of the barriers to entry into the field for practitioners, teachers and students of the subject have been significantly eliminated. However, there are some contemporary barriers to entry into the field of arbitration. One of them is lack of diversity in the international arbitral community, especially relating to the distribution of arbitrators appointed in international arbitration.
Trade Mission to UK
I once attended a trade mission to the United Kingdom which was organised by a bilateral chamber of commerce. At one of the forums, a speaker noted that investors are wary of investing in Nigeria as successive governments are reluctant to follow through with projects commenced by their predecessors.
“The best way to not feel hopeless is to get up and do something. Don’t wait for good things to happen to you. If you go out and make some good things happen, you will fill the world with hope, you will fill yourself with hope.”
― Barack Obama
Many times, after budding arbitrators have certified as arbitrators, they appear somewhat dissatisfied as they sometimes lack opportunities of actual practice which should enable them strengthen capacity. I will discuss how budding arbitrators can be proactive in developing their Arbitration and ADR careers. Further, how budding arbitrators can carve a niche for themselves in this very vast field.
Arbitration is an adjudicatory process wherein parties to a contract agree that if any dispute arises out of or in connection with the contract, that same shall not be brought to national courts for resolution but would be resolved by an arbiter of their choice. The parties agree to oust the jurisdiction of national courts as it relates to their contract and confer same on arbitrators/arbitral tribunal. This discuss focuses on contemporary jurisdictional issues especially as it concerns international arbitration.
Doing business in Nigeria is by no means easy and this to a large extent stems from its regulatory approach. This piece attempts a cursory look at the activities of regulatory agencies in Nigeria and how they impact commercial transactions.
Intellectual papers focusing on effect of business regulations on economic growth abound. Many of the studies reveal strong correlation between regulation indices and economic growth. They find that even Foreign Direct Investments (FDI) do not spur growth in economies with excessive business and labour regulations. Further, they find that economies having less onerous business regulations grow faster. See S. Djankov, C. McLiesh, R. Ramalhom, Regulation and Growth Economics Letters (2006), p. 92.
The enormous cost of research and development needed to develop new products and services are a huge burden on start-up businesses. The resultant effect is that small businesses overlook this vital aspect of product development which would usually increase the product’s chances of survival. The product or service is therefore thrown into the market without the requisite research and development which is now left to be tested in the real market, thereby leaving the success or failure of the product to trial and error. In practice many of these new products and services do not survive this test in the real market and the resultant effect is the failure of the product or service. In the light of the slim chances of survival for such start-up, franchising is a practical business structure for reasons that it provides increased chances of business success.
In the context of an arbitral reference, a Registrar can be said to be a person or institution that administers, facilitates or coordinates the conduct of the arbitral reference. It could also be the secretary of the arbitral tribunal. A distinction must be drawn from a Registrar who administers the Arbitration as a representative of an arbitral tribunal. This paper considers the role of a Registrar acting as an assistant to the arbitral tribunal, also referred to as the Tribunal Secretary. The same issues would typically arise whilst considering the role of a registrar acting as an assistant to an arbitral tribunal, whether the proceeding is ad hoc, institutional, in public or private international arbitration or in specialised disputes as in maritime arbitration.
It was Andrew Johnson, the 17th President of the United States who said that ‘Legislation can neither be wise nor just which seeks the welfare of a single interest at the expense and to the injury of many and varied interests’. This truism could be said to be descriptive of the bill presently before the National Assembly to establish the National Alternative Dispute Resolution Commission, which did not consider inputs from stakeholders from conception until this time having been passed as law by the lower legislative chambers and is in the process of getting the accent of the upper legislative chambers.
This is an often heard complaint from telecoms service subscribers ‘I am subscribed to a post paid service of a mobile telecoms service provider yet I get more than a handful of unsolicited advert related text messages which directly or indirectly emanates from the telecoms company I’m subscribed to. I have sufficient reasons to believe that my service provider either gives out my phone details to potential advertisers or advertises on their behalf perhaps for a fee, the result of which is that I am constantly bombarded with unsolicited text message advertorials.