Party Autonomy and the Constitutionality of Nigerian Arbitration and Conciliation Act 1988, Sections 7(4) and 34 Commentary on Agip Oil Co. Ltd. v. Kremmer and others, Chief Felix Ogunwale v. Syrian Arab Republic, and Bendex Engineering Ltd. v. Efficient Petroleum (Nigeria) Ltd.
The Nigerian Arbitration and Conciliation Act provides for appointment of arbitrators by the High Court, upon application by a party where there is a total failure of parties' agreed procedure for constituting the arbitral panel. The court's decision on the matter is final without any right of appeal. The Nigerian Constitution provides for the right of appeal in a final decision of a High Court. The courts in Nigeria have given conflicting decisions interpreting the purport of the law and the Constitution occasioning great controversies amongst text-writers. The author seeks to address the resultant misgivings.