The Arbitration Submission Agreement is utilized when parties have an existing dispute and agree to resolve it through arbitration, rather than litigation in Nigerian courts. This document type is particularly crucial in the Nigerian business environment, where arbitration is increasingly preferred for its flexibility, confidentiality, and enforceability. The agreement must comply with the Nigerian Arbitration and Conciliation Act (ACA) while potentially incorporating international best practices. It typically includes detailed provisions about the dispute's scope, arbitrator selection, applicable laws, and procedural rules. This type of agreement is distinct from pre-dispute arbitration clauses as it is drafted with full knowledge of the dispute's nature and can be tailored specifically to address the particular circumstances. The document becomes especially relevant when parties either didn't have a pre-existing arbitration agreement or wish to modify their existing arbitration arrangements to better suit their current dispute.
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1. Parties: Identification of all parties to the arbitration agreement, including their full legal names, addresses, and registration details if corporate entities
2. Background: Description of the circumstances leading to the dispute and the relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. The Dispute: Detailed description of the specific dispute being submitted to arbitration, including relevant dates and key issues
5. Agreement to Arbitrate: Express agreement of the parties to submit the defined dispute to arbitration
6. Appointment of Arbitrator(s): Process for selecting and appointing the arbitrator(s), including number of arbitrators and qualification requirements
7. Seat of Arbitration: Specification of the physical location/seat of arbitration and the applicable procedural law
8. Governing Law: Specification of the substantive law governing the dispute
9. Language: Specification of the language(s) to be used in the arbitration proceedings
10. Arbitration Rules: Specification of the rules governing the arbitration process
11. Powers of the Arbitrator: Detailed description of the arbitrator's authority and scope of powers
12. Costs: Provisions regarding the allocation of arbitration costs and legal fees
13. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings and award
14. Final and Binding Nature: Confirmation that the arbitral award will be final and binding on the parties
1. Interim Measures: Provisions regarding the power to grant interim relief, used when parties want to explicitly address the availability of temporary remedies
2. Document Disclosure: Specific rules for document production and disclosure, used when parties want to establish custom disclosure procedures
3. Expert Evidence: Provisions regarding the appointment and use of expert witnesses, used when technical expertise is likely to be required
4. Time Limits: Specific deadlines for various stages of the arbitration, used when parties want to establish an expedited process
5. Multi-Party Provisions: Special provisions for cases involving multiple parties, used when more than two parties are involved in the dispute
6. Appeals Process: Provisions for appealing the award, used when parties want to establish specific grounds for appeal beyond those in applicable law
7. Settlement Negotiations: Provisions requiring attempted settlement before proceeding with arbitration, used when parties want to mandate pre-arbitration settlement efforts
1. Schedule 1 - Dispute Details: Detailed description of the dispute, including chronology of events and specific claims
2. Schedule 2 - Arbitrator Qualifications: Detailed requirements for arbitrator qualifications and experience
3. Schedule 3 - Procedural Timetable: Proposed timeline for the various stages of the arbitration proceedings
4. Schedule 4 - Fee Schedule: Breakdown of arbitration costs and fee structure
5. Appendix A - Related Agreements: Copies of relevant contracts or agreements related to the dispute
6. Appendix B - Supporting Documents: Key documents relevant to the dispute
7. Appendix C - Communication Protocols: Agreed procedures for communications between parties, arbitrators, and any institutional body
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