Sunusi Musa SAN
Principal Partner
Disputes
Arbitration
Representation in domestic and international arbitration, from commercial and construction disputes to claims against states, and support for mediation and settlement.
Overview
Arbitration gives parties a private, final forum with decision-makers they help choose. We act for claimants and respondents from the drafting of the arbitration clause through to the enforcement or challenge of the award.
Our work covers ad hoc and institutional arbitration under the rules most often chosen for Nigerian contracts, including the ICC, LCIA, UNCITRAL and the Lagos Court of Arbitration, as well as investment treaty claims. We advise on the Arbitration and Mediation Act 2023, which replaced the 1988 Act and introduced emergency arbitrators, rules on third-party funding and an optional award review tribunal.
Many disputes settle before an award, so we also prepare clients for negotiation and mediation and draft settlement terms that can be enforced. Where court support is needed, we apply for interim measures, the stay of court proceedings in favour of arbitration and the recognition and enforcement of awards. Our team includes an Associate of the Chartered Institute of Arbitrators (UK).
What we do
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Commercial Arbitration
We are equipped to resolve disputes between commercial entities arising from contracts, transactions, or business relationships.
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Investment Treaty Arbitration
Our team is well-prepared to represent foreign investors in disputes against host states under investment treaties or bilateral investment agreements.
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Construction Arbitration
We have the capability to address disputes arising from construction projects, including issues related to contracts, delays, defects, and payment disputes.
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Consumer Arbitration
We are experienced in assisting businesses in resolving disputes with consumers through arbitration, particularly in matters related to product liability, warranty claims, or consumer rights.
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Labor and Employment Arbitration
With our expertise, we handle disputes between employers and employees or labor unions, including matters related to wrongful termination, discrimination, or collective bargaining agreements.
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International Commercial Arbitration
Our team is adept at managing cross-border disputes involving parties from different jurisdictions, often governed by international arbitration rules such as ICC, UNCITRAL, or ICSID.
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Ad Hoc Arbitration
We provide representation and support in ad hoc arbitration proceedings outside of institutional frameworks, tailored to the specific needs of the parties involved.
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Mediation and Alternative Dispute Resolution (ADR)
Helping parties negotiate and settle through mediation and other ADR methods, so that disputes can be resolved without formal arbitration or litigation where possible.
Our team
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Abdulrazak Abdulganiyu
Senior Associate
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Saidu Muhammad Lawal
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Aminu Sani Yakasai
Associate
FAQs
Yes. Under the Arbitration and Mediation Act 2023 the agreement must be in writing, but that includes an exchange of emails or other electronic communications and a reference in a contract to a document containing an arbitration clause.
Yes. Nigeria is a party to the New York Convention, and awards made in other Convention states can be recognised and enforced by application to the court, subject to the limited grounds for refusal set out in the Act.
Only if the contract says so. Many contracts provide for negotiation or mediation as a first step, and the 2023 Act gives mediated settlement agreements their own route to enforcement.