Section 32 Arbitration and Mediation Act

Section 32 Arbitration and Mediation Act 2023 is about The seat and place of the arbitration. It is under Part I (Arbitration) of the Act.

(1) The seat of the arbitration shall be designated –
(a) by the parties to the arbitration agreement;
(b) by an arbitral or other institution or person authorised by the parties with powers in that regard; or
(c) subject to subsection (2), by the arbitral tribunal.

(2) Where the parties have not designated the seat of the arbitration and they have not authorised any arbitral or other institution to designate the seat of the arbitration, the seat of the arbitration shall be any place in Nigeria as the arbitral tribunal may determine, unless the arbitral tribunal decides that a place in another Country should be the seat of the arbitration having regard to all the relevant circumstances, including –

(a) the Country with which the parties and the transaction have the closest connection;
(b) the law that the parties have selected to govern their substantive rights under the contract, and
(c) any law that the parties may have chosen to govern the arbitration.

(3) Notwithstanding the provisions of subsections ( 1) and (2), the arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate to consult among its members, for hearing witnesses, experts or the parties, or for inspection of goods, other property or documents.

(4) In this section the expression “seat of arbitration” means the juridical seat of the arbitration for purposes of determination of the law that will govern the arbitration proceedings (the curial law).