Examining the Group of Companies’ Doctrine in Arbitration Agreements in Nigeria

INTRODUCTION:
Arbitration is a private dispute resolution mechanism.1 It is contractual and an expression of parties’ autonomy. Consent to arbitrate is the foundation of arbitration and the subsequent enforcement of an arbitral award.2 It is the consent expressed in the arbitration agreement that confers validity on the arbitral proceedings and enforcement of the subsequent arbitral award. Parties to international commercial transactions cannot be compelled to arbitrate3 absent an agreement to so do. An agreement to arbitrate waives each party’s right to invoke the jurisdiction of otherwise competent national courts.4

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