ARBITRATION AGREEMENT AND THE LAW: DOES IT ALIGN WITH THE AGE LONG IGBO CUSTOMARY TRADITION?Arbitration Agreement • December 6th, 2024
Contract Type FiledDecember 6th, 2024Arbitration agreement is a contract whereby parties thereto agree to refer present and future disputes to arbitration. It is the bedrock of arbitration proceeding particularly non-statutory arbitration because without the voluntary agreement of the parties there would be no platform for arbitration. Arbitration being a private arrangement, parties are at liberty to agree virtually on all issues that govern and control the arbitration proceeding. However, arbitration agreement does not operate in a vacuum or in isolation of the law. There is a legal system which governs or provides the framework for private transaction. It is on this note that this research questions whether parties can contract outside the law considering the principle of party autonomy? If they can to what extent are they allowed to go? This article looks at arbitration agreement and the legal system considering the extent or whether it aligns with the age long Igbo customary tradition. In the process of the research,