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The Restrictive Approach to Legal Representation in Arbitration Proceedings and its Unintended Consequences in Nigeria

Taiwo, Dorcas (2020) 'The Restrictive Approach to Legal Representation in Arbitration Proceedings and its Unintended Consequences in Nigeria.' Journal of International Arbitration, 37 (2). pp. 271-288. ISSN 0255-8106

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Abstract

The issue of legal representation in arbitration proceedings accounts for one of the sub-factors of ‘formal legal structure’ and ‘national arbitration law’ that disputing parties consider before choosing a seat of arbitration. Indeed, the ability of disputing parties in arbitration to freely select their desired representatives is embedded in the foundational principle of party autonomy. In Nigeria, a literal interpretation of the national arbitration rules prevents parties from selecting persons not admitted to the Nigerian bar as their representatives in arbitration proceedings. This article examines the impact of this restrictive approach on the attractiveness of Nigeria as a seat of arbitration. The article identifies scope for reform in the law and makes suggestions to create a more liberal legislative and judicial framework in order to promote Nigeria as a preferred seat for arbitration.

Item Type: Article
Uncontrolled Keywords: Arbitration; Legal representation; Seat; Nigeria
Divisions: Faculty of Humanities > Law, School of
SWORD Depositor: Elements
Depositing User: Elements
Date Deposited: 15 Mar 2022 10:32
Last Modified: 15 Mar 2022 10:32
URI: http://repository.essex.ac.uk/id/eprint/32507

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