The Applicable Arbitration Law To A Defective Arbitration
Clause1
Introduction
Arbitration is a private dispute resolution mechanism
constituted by a neutral third party, the arbitral tribunal. The
parties' agreement to arbitrate is the foundation of any valid
arbitration from which the tribunal derives its power and
authority. The arbitration clause is typically stated in the main
contract between the parties but it can also be a separate
agreement. Whether included in the main contract or a separate
document, it is distinct from the contract or agreement, such
that the arbitration clause survives and remains valid even
when the main agreement or contract comes to an
end.2
Whilst the jurisdiction of a court is conferred by the 1999
Constitution of the Federal Republic of Nigeria (CFRN) or statutes,
the jurisdiction of an arbitral tribunal has its roots in the
parties' agreement. Furthermore, one of the attractiveness
of arbitration is that parties are at
