NIGERIA Law and Practice Contributed by: Adedoyin Afun and Michael Abiiba, Bloomfield LP
The AJA and the MSA are the domestic legisla - tion applicable to the resolution of maritime pas - senger claims in Nigeria. Actions relating to passenger claims must be commenced within two years after the loss of life or injury occurred. The MSA also imposes a limit of liability on ship- owners in passenger claims arising on any dis - tinct occasion for loss of life or personal injury. As stated in 2.3 1976 Convention on Limitation of Liability for Maritime Claims , the increased liability for passenger maritime claims, as pro - vided in Protocol Amendment 2015, is inappli - cable in Nigeria. 6. Enforcement of Law and Jurisdiction and Arbitration Clauses 6.1 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 com - petence 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 dis - cretion in determining whether to make a stay of proceedings to enable the parties to pursue dispute resolution in the foreign jurisdiction. 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 admi - ralty matter under the AJA (only the jurisdictional
aspects of the clause are affected, not the entire agreement) and where: • the place of performance, execution, delivery, act or default is or takes place in Nigeria; • any of the parties is in Nigeria; • the payment under the agreement is made or to be made in Nigeria; • in any admiralty action or in the case of a maritime lien, the plaintiff submits to the jurisdiction of the court and makes a declara - tion to that effect, or the res is within Nigerian jurisdiction; • it is a case in which the Federal Government or the Government of a State of the Federa- tion is involved and the Government or State submits to the jurisdiction of the court; • under any convention currently in force to which Nigeria is a party, the national court of a contracting State is either mandated or has a discretion to assume jurisdiction; or • in the opinion of the court, the cause, matter or action is adjudicated upon in Nigeria. 6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading Nigerian courts recognise and enforce law and arbitration clauses in charterparties and bills of lading. Specifically, Section 10 of the AJA empowers the FHC to recognise and enforce arbitration clauses in admiralty agreements. 6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards Nigeria is a signatory to the Convention on the Recognition and Enforcement of Foreign Arbi - tral Awards, 1958 (the “New York Convention”), 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 arbi - tration in Nigeria.
411 CHAMBERS.COM
Powered by FlippingBook