Introduction
The mutual agreement of parties to resolve disputes through
arbitration is usually captured in an arbitration agreement, where
they waive their right to have disputes settled by national courts
or other public forums. In doing so, parties typically define the
issues subject to arbitration by stating that- "any dispute
arising out of or in connection with this contract, including its
existence, validity, or termination." International
arbitration law acknowledges that "disputes" refer only
to matters that can be settled through arbitration. Put
differently, not all disputes are arbitrable, as arbitration has
its limitations. This article therefore examines the concept of
arbitrability, the types of disputes that can and cannot be taken
to arbitration, and explores the regulatory framework and relevant
case law in Nigeria governing this subject.
