NIGERIA Law and Practice Contributed by: Adedoyin Afun and Michael Abiiba, Bloomfield LP
of the defendant made at any time before the expiry of three months from the termination of the suit.
Additionally, Section 20 of the AJA provides that any jurisdictional clause in an agreement which seeks to oust the jurisdiction of the court will be void where the agreement relates to any admiralty matter under the AJA (only the jurisdictional aspects of the clause are affected, not the entire agreement). 7.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading Nigerian courts recognise and enforce law and arbitra - tion clauses in charterparties and bills of lading. Spe - cifically, Section 10 of the AJA empowers the FHC to recognise and enforce arbitration clauses in admiralty agreements. 7.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards Nigeria is a signatory to the Convention on the Rec - ognition and Enforcement of Foreign Arbitral Awards, 1958, which has the force of law in Nigeria pursuant to the Arbitration and Mediation Act, 2023 (AMA). The AMA is the principal domestic law on arbitration in Nigeria. 7.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction Nigerian courts can order the arrest of vessels or other attachments where the relevant claim is subject to a foreign arbitration and/or jurisdiction, due to a foreign jurisdiction or arbitration clause. Notably, by virtue of Order 7 Rule 8 of the AJPR, where an application is for a warrant of arrest of a ship or oth - er property in respect of a claim commenced in a court outside Nigeria or commenced by way of arbitration proceedings (within or) outside Nigeria, such an appli - cation can be made without commencing an action before the court for the substantive claim. Thus, the FHC has the jurisdiction to entertain an action solely based on obtaining security via ship arrest in claims before a foreign court or arbitration (foreign and local) proceedings. 7.5 Domestic Arbitration Institutes The Maritime Arbitrators Association of Nigeria (MAAN) is the primary domestic arbitration institute that specialises in maritime claims. Other arbitration bodies that deal with general commercial arbitration,
6. Passenger Claims 6.1 Laws and Conventions Applicable to the Resolution of Passenger Claims The following conventions are applicable to the reso - lution of maritime passenger claims: • the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea 1974, and its Protocol of 1990; and • the LLMC. The AJA and the MSA are the domestic legislation applicable to the resolution of maritime passenger claims in Nigeria. Actions relating to passenger claims must be com - menced within two years after the loss of life or injury occurred. The MSA also imposes a limit of liability on ship-own - ers in passenger claims arising on any distinct occa - sion for loss of life or personal injury. As stated in 3.3 Convention on Limitation of Liability for Maritime Claims , the increased liability for passen - ger maritime claims, as provided in Protocol Amend - ment 2015, is inapplicable in Nigeria. 7. Enforcement of Law and Jurisdiction and Arbitration Clauses 7.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading Generally, Nigerian courts usually recognise law and jurisdiction clauses stated in contracts, including bills of lading. Notably, where the competence of an action is challenged on the ground that a bill of lading states a foreign jurisdiction and not a Nigerian court, the court is not bound to enforce those clauses and can exercise a discretion in determining whether to make a stay of proceedings to enable the parties to pursue dispute resolution in the foreign jurisdiction.
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