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Author: Emmanuel Chambers

Afebabalola & Co > Articles posted by Emmanuel Chambers

[vc_row triangle_shape="no"][vc_column][vc_column_text][/vc_column_text][vc_column_text]We celebrate our Managing Partner, Adebayo Adenipekun, SAN, FCIArb., FCArb., as he gets featured in the Legal 500 Arbitration Power List for Africa 2021, being a showcase of leading arbitration practitioners in Africa. We are delighted that your immense contributions to arbitration have continued to catch the attention of the world, and to earn you international recognitions such as this. Therefore, as you continue to wax stronger and achieve other ground-breaking feats in the legal profession, we, in turn, remain delighted to be associated with you and the stellar qualities inherent in you.[/vc_column_text][vc_empty_space height="30px"][vc_empty_space height="30px"][vc_empty_space height="11px"][vc_column_text] Click here to download the...

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THE MULTI-MILLION DOLLAR SUIT BETWEEN ENI INTERNATIONAL B.V., ENI OIL HOLDINGS B.V. & NIGERIAN AGIP EXPLORATION LIMITED V. FEDERAL REPUBLIC OF NIGERIA (ICSID CASE NO. ARB-20-41)

[vc_row triangle_shape="no"][vc_column][vc_column_text][/vc_column_text][vc_empty_space height="30px"][vc_column_text]Our firm, in conjunction with Curtis, Mallet-Prevost, Colt & Mosle LLP, London, UK, is representing the Federal Government of Nigeria at the ongoing arbitral reference initiated by oil giant, Eni, against Nigeria before the International Center for Settlement of Investment Disputes, ICSID. Eni International B.V. (Dutch), Eni Oil Holdings B.V. (Dutch), and Nigerian Agip Exploration Limited (Nigerian) initiated the reference against the Federal Republic of Nigeria for the alleged breach of the parties’ investment agreement over Nigeria’s Oil Prospecting License “OPL 245”. Meanwhile, the “OPL 245” is already subject of an ongoing corruption trial in Italy against Eni, Shell,...

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LANDMARK VICTORY AT THE INTERNATIONAL CENTER FOR SETTLEMENT OF INVESTMENT DISPUTES

[vc_row triangle_shape="no"][vc_column][vc_column_text] [/vc_column_text][vc_column_text]Afe Babalola & Co. represented the Federal Government of Nigeria in the landmark victory won at the world-renowned International Centre for Settlement of Investment Disputes (ICSID) on Tuesday, 6th October 2020. ICSID is an international arbitration institution established by the World Bank in the USA for the resolution of legal disputes and conciliation between international investors.[/vc_column_text][vc_empty_space height="30px"][vc_empty_space height="30px"][vc_column_text]BACKGROUND Two companies – Interocean Oil Development Company and Interocean Oil Exploration Company – instituted an arbitration proceeding against the Federal Government of Nigeria before the ICSID Tribunal, Washington DC, USA chaired by Professor William W. Park. The claim borders largely on the...

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First Day of Ibadan Bar Football League

[vc_row triangle_shape="no"][vc_column][vc_column_text][/vc_column_text][vc_empty_space height="30px"][vc_column_text] The second edition of Aare Afe Babalola/ Ibadan Bar football league has kicked off at the Olubadan stadium in Ibadan. Our correspondent gathered that the football league is being organized by Afe Babalola and Co. in partnership with the Nigerian Bar Association, Ibadan Branch. The football league which started in 2019 is an annual football competition amongst the Legal Practitioners in Ibadan within the Ibadan Bar famously known as the Premier Bar. The Competition known as AARE AFE BABALOLA, SAN/IBADAN BAR FOOTBALL LEAGUE 2020 according to the organizers is part of the Law Week Celebration of the Ibadan Bar for the...

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Afe Babalola Leads Team To Secure USD660,000 In Nigeria’s Favour

[vc_row triangle_shape="no"][vc_column][vc_column_text]Aare Afe Babalola has led a team of legal representatives to secure conviction for the Federal Republic of Nigeria in a matter filed against the country by two United States registered companies, Interocean Oil Development Company and Interocean Oil Exploration Company before the World Bank’s International Centre for Settlement of Investment Disputes (ICSID) tribunal headed by Professor William W. Park, by two United States registered companies, Interocean Oil Development Company and Interocean Oil Exploration Company.[/vc_column_text][vc_empty_space height="30px"][vc_empty_space height="30px"][vc_column_text] [/vc_column_text][vc_empty_space height="30px"][vc_empty_space height="30px"][vc_column_text]The International Centre for Settlement of Investment Disputes dismissed the arbitration commenced by the two foreign companies which were incorporated under...

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The power of education

[vc_row triangle_shape="no"][vc_column][vc_column_text] In the first of a series of articles celebrating Black History Month, University of London featured the prominent legal figure and University of London graduate, Aare Afe Babalola. [/vc_column_text][vc_empty_space height="30px"][mkd_blockquote text="``The University of London is not just a university. It is the mother of the first university in Nigeria, University of Ibadan``"][vc_empty_space height="30px"][vc_column_text] [/vc_column_text][vc_empty_space height="30px"][vc_empty_space height="30px"][vc_column_text]As part of their celebration during Black History Month, they featured a number of inspirational profiles of people who have made a real difference to the world. Their first feature is of a prominent legal figure who has also moved into the field of education by...

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Afe Babalola & Co petitions IG, Adamu over death of Ibadan businessman in police custody

[vc_row triangle_shape="no"][vc_column][vc_column_text] [/vc_column_text][vc_column_text]A legal luminary, Aare Afe Babalola, on Monday, petitioned the Inspector-General of Police, Mohammed Adamu, over the arrest and death of one Mr. Kehinde Omotosho. Afe Babalola in a petition made available to DAILY POST in Ibadan, the Oyo State capital, alleged that Omotosho was arrested and detained by some officers of the anti-cultism unit of the Oyo State Criminal Investigation Department last week. The legal luminary further explained that Omotosho was detained for six days without trial, the arrest which led to his death in police custody.[/vc_column_text][vc_empty_space height="30px"][vc_empty_space height="30px"][vc_column_text]Afe Babalola & Co in a petition signed by one of the...

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GROWING A BUDDING ADR PRACTICE: The Role of Mentors and Sponsors in ADR Practice

Introduction

I appreciate the organisers of this workshop – International Chamber of Commerce Young Arbitrators Forum (ICC YAF) for the opportunity to speak at this workshop.  I recognise every other speaker at this workshop and the amount of resource each speaker has offered at today’s workshop.

At the risk of rehashing what has already been said earlier on, permit me to re-introduce the workshop’s theme. The theme of this session is “Growing a budding ADR Practice”. However, the focus of my discussion is as it pertains to “The Role of Mentors and Sponsors in ADR Practice”. This is a very timely discussion as the practice of ADR is becoming a very viable and attractive practice area. This is seeing the influx of a lot of young practitioners into the ADR scene. Practitioners interested in making a successful practice require to have discussions such as the instant one and this avenue is very much appreciated.

What is ADR and ADR Practice?

I cannot effectively do justice to this topic without briefly touching on the meaning of ADR and ADR Practice. Alternative Dispute Resolution (ADR) is a set of practices and techniques designed to facilitate the resolution of legal disputes outside the Courts system. It is a set of processes used in resolving disputes without the need to go to court. It can also be said to be a means of settling disputes by means other than litigation. It usually includes negotiation, mediation, arbitration, and a variety of other hybrid procedures involving a neutral party who facilitates the resolution of legal disputes without a formal adjudication, such as combining Mediation and Arbitration (Med-Arb). Alternative Dispute Resolution (ADR) may be preventive (negotiation, ADR clauses); facilitative (mediation); advisory (conciliation) or determinative (arbitration, Med-Arb, Arb-Med, and Adjudication).

The practice of Alternative Dispute Resolution indicates a person’s involvement in the facilitation of alternative means of resolving disputes. ADR practice connotes the giving of legal advice or of representation of another as an agent in an ADR process, or in the preparation of legal documents to be used in the procedure. ADR practice can also be said to extend to playing the role of facilitating a mediation as a mediator, performing in advisory function as a conciliator or acting as an unbiased umpire in determining the rights of the parties, although outside of the institution of the court.

As a lawyer, your role in ADR is diverse and therein presents the opportunities to grow a vibrant ADR practice. A lawyer may embrace the practice as a counsel or may play the role of resolving the dispute in some supervisory function. Either way, there appears to be an avenue to pursue a vibrant ADR practice.

COMPLAINTS IN COURTS: Examination of Powers of Magistrates under Sections 89, 90 and 111(b) of the Administration of Criminal Justice Law of Oyo State, 2016

[vc_row triangle_shape="no"][vc_column][vc_column_text] Lecture delivered at the Lower Court Judges’ Seminar held at the Mini Conference Hall, High Court Complex, Ring Road, Ibadan [/vc_column_text][vc_empty_space height="30px"][vc_column_text] 4th March 2020 [/vc_column_text][vc_empty_space height="10px"][vc_column_text] 2:00 pm. [/vc_column_text][vc_empty_space height="22px"][vc_empty_space height="30px"][vc_empty_space height="30px"][vc_column_text] Adebayo Adenipekun, SAN, FCIArb.   [Managing Partner, Afe Babalola & Co.] [Member, Permanent Court of Arbitration, The Hague, Netherlands] 80, Fajuyi Road, Ekotedo, Ibadan www.afebabalola.com [/vc_column_text][vc_empty_space height="30px"][vc_column_text] Introduction: Before I delve into the substance of this lecture, I consider it a privilege to be invited to speak on this all-important topic in our criminal jurisprudence. My appreciation goes to the organizers, and by extension, the entire Oyo State magistracy, for considering it expedient to hold a seminar solely to...

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In a final installment of his discourse on Award Finality in Nigeria, Afe Babalola & Co. Managing Partner, Adebayo Adenipekun, SAN, FCIArb. focuses on the judicial policy of Nigeria regarding arbitration. He takes the view that the Courts heavily support the concept on award finality and argues that "Of course, the criticism against Taylor Woodrow is not really that it altered the law but that it has led to a deluge of mischievous actions to set awards aside. The problem with this criticism is in its very framing – if an application is mischievous or made with a hidden untoward intent, the state of the law is essentially immaterial"

— Finality of Arbitral Awards in Nigeria- Separating Harm from Hubris (Contd.)
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