ARBITRATION AND CONCILIATION ACT
Section 57: Interpretation.
(1) In this Act, unless the context otherwise requires-
"arbitral tribunal" means a sole arbitrator or a panel of arbitrators;
"arbitration" means a commercial arbitration whether or not administered by a permanent arbitral institution;
"commercial" means all relationships of a commercial nature, including any trade transaction for the supply or exchange of goods or services, distribution agreement, commercial representation or agency, factoring, leasing, construction of works, consulting, engineering, licensing, investment, financing, banking, insurance, exploitation agreement or concession, joint venture and other forms of industrial or business co-operation, carriage of goods or passengers by air, sea, rail or road;
"court" means the High Court of a State, the High Court of the Federal Capital Territory, Abuja or the Federal High Court;
"Judge" means a Judge of the High Court of a State, the High Court of the Federal Capital Territory, Abuja or the Federal High Court;
"party" means a party to the arbitration agreement or to conciliation or any person claiming through or under him and "parties" shall be construed accordingly.
(2) An arbitration is international if-
(a) the parties to an arbitration agreement have, at the time of the conclusion of the agreement, their places of business in different countries; or
(b) one of the following places is situated outside the country in which the parties have their places of business-
(i) the place of arbitration if such place is determined in, or pursuant to the arbitration agreement;
(ii) any place where a substantial part of the obligation of the commercial relationship is to be performed or the place with which the subject-matter of the dispute is most closely connected; or
(c) the parties have expressly agreed that the subject-matter of the arbitration agreement relates to more than one country; or
(d) the parties, despite the nature of the contract, expressly agree that any dispute arising from the commercial transaction shall be treated as an international arbitration.
(3) For the purposes of subsection (2) of this section-
(a) if a party has more than one place of business, the place of business shall be that which has the closest relationship to the arbitration agreement;
(b) if a party does not have a place of business, reference shall be made to his habitual residence.
(4) Where a provision of this Act, other than section 47 of this Act, leaves the parties free to determine a certain issue, such freedom includes the right of the parties to authorise a third party, including an institution, to make that determination.
(5) Where a provision of this Act-
(a) refers to the fact that parties have agreed or that they may agree; or
(b) in any other way refers to an agreement of the parties,
such agreement includes any arbitration rules referred to in the agreement.
(6) Where a provision of this Act, other than section 21(a) or section 27(2)(a) refers to a claim, such claim includes a counter-claim, and where it refers to a defence, such defence includes a defence to such counterclaim.
Cite this section
Section 57, ARBITRATION AND CONCILIATION ACT (1988).
https://repo.podus.ai/laws/arbitration-and-conciliation-act/section/57/