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Title: Judicial attitudes to enforcement of transnational awards under the New York Convention : a critical assessment of the English and Nigerian courts
Author: Olokotor, Ndudi
ISNI:       0000 0004 6500 5726
Awarding Body: SOAS University of London
Current Institution: SOAS, University of London
Date of Award: 2017
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Arbitration is considered the preferred mechanism for settling cross-border commercial disputes. A court can be an unusual setting for dispute resolution for a national of another country due to such individual's foreignness with the practices, applicable laws and attitudes of the judges. The charm of arbitration is that it upholds party autonomy and underpins finality and certainty in dispute resolution. Arbitration allows parties to a contract to provide for a procedure which is mutually agreeable. National courts which uphold these rights are considered to be pro-arbitration, whereas courts that limit such rights are either considered as interventionist or hostile to arbitration. Attitudes of courts have implications for parties who select a seat or the laws of a particular country to regulate their arbitration process. This thesis relates to international commercial arbitration and examines the attitudes of courts towards enforcement of transnational arbitral awards. The significance of enforcement hinges on the fact that arbitration is considered to be inconsequential if its award is not enforceable. The primary focus of this thesis is to evaluate the attitudes of the English and Nigerian courts to enforcement of international commercial arbitral awards: based purely on transnational principles, or annulled at the seat of arbitration. The thesis offers a comparative evaluation and engages the law and policy considerations to enforcement of international commercial arbitral awards in both countries under review. To this end, an examination of the English and Nigerian legislation, case law and practice are undertaken. This thesis argues that international commercial arbitration and its awards transcends national frontiers as such, transnational in character. It concludes that the English and Nigerian courts in an appropriate case are ready to enforce arbitral awards based purely on transnational principles or annulled at the seat of arbitration.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral