Private International Law in Nigeria

Description

This book examines the rules, principles, and doctrines in Nigerian law for resolving cases involving cross-border issues. It is the first book-length treatise devoted to the full spectrum of private international law issues in Nigeria. As a result of increased international business transactions, trade, and investment with Nigeria, such cross-border issues are more prevalent than ever. The book provides an overview of the relevant body of Nigerian law, with comparative perspectives from other legal systems. Drawing on over five hundred Nigerian cases, relevant statutes and academic commentaries, this book examines jurisdiction in interstate and international disputes, choice of law, the enforcement of foreign judgments and international arbitral awards, domestic remedies affecting foreign proceedings, international judicial assistance in the service of legal processes and taking of evidence. Academics, researchers and students, as well as judges, arbitrators, practitioners and legislators alike will find Private International Law in Nigeria an instructive and practical guide. Volume 28 in the series Studies in Private International Law Foreword Series Editor’s Preface Preface Contents Abbreviations Table of Cases Table of Legislation PART I: PRELIMINARY MATTERS 1. Introduction 2. Conceptual Issues in Choice of Law I. Introduction II. Characterisation III. Substance and Procedure IV. Renvoi V. Conclusion 3. Foreign Law I. Nature and Proof of Foreign Law II. Nature of Foreign Law in Nigeria III. What is Foreign Law in Nigeria? IV. Proof of Foreign Law V. Exclusion of Foreign Law VI. Conclusion 4. Domicile I. Introduction II. What Does it Mean to be Domiciled in Nigeria? III. Types of Domicile IV. Proof of Domicile in Matrimonial Proceedings V. Conclusion PART II: JURISDICTION 5. Bases of Jurisdiction I. Introduction II. Jurisdiction in Actions in Personam III. Choice of Venue, Location of Cause of Action and Territorial Jurisdiction IV. Conclusion 6. Forum Selection Clauses, Forum Non Conveniens and Lis Alibi Pendens I. Introduction II. Forum Selection Clauses III. Foreign Arbitration Clauses IV. Forum Non Conveniens V. Conclusion 7. Limitations on Jurisdiction I. Introduction II. Jurisdictional Immunities III. Capacity to Sue IV. Conclusion PART III: OBLIGATIONS 8. Contract I. Introduction II. Party Autonomy III. Modifying the Choice of Law IV. Non-State Law V. Law Applicable in the Absence of Choice VI. Dépeçage VII. Severability VIII. Validity of a Choice of Law IX. Mandatory Rules and Public Policy X. Scope of the Chosen Law XI. Conclusion 9. Torts I. Introduction II. Choice of Law Methodology: Comparative Analysis III. Nigerian Case Law on Choice of Law in Torts IV. Party Autonomy V. Splitting the Applicable Law VI. Mandatory Rules VII. Public Policy VIII. Scope of the Applicable Law IX. Conclusion 10. Foreign Currency Obligations I. Introduction II. Judicial History of Power to Award Foreign Currency in Nigeria III. The Legal Bases for Awarding Foreign Currency Judgments in Nigeria IV. Foreign Currency Conversion V. Effect of Change in Foreign Currency Status as Legal Tender VI. Statutory Limitations on Awarding Foreign Currency Judgment VII. Conclusion 11. Bills of Exchange I. Introduction II. Formal Validity III. Interpretation IV. Duties of the Holder V. Rate of Exchange and Maturity VI. A Call for Reforms PART IV: FAMILY 12. Marriage I. Introduction II. Nature of Marriage III. Same-Sex Marriage, Same-Sex Unions and Other Same-Sex Relationships IV. Conclusion 13. Matrimonial Causes I. Introduction II. International Actions III. Inter-State Actions IV. Conclusion 14. Children I. Introduction II. Maintenance and Custody III. Legitimacy and Legitimation IV. International Surrogacy Agreements V. Nigeria and Private International Law Conventions Regarding Children VI. Conclusion PART V: PROPERTY, SUCCESSION
AND ADMINISTRATION OF ESTATES 15. Property I. Introduction II. Nature and Legal Situs of Property III. Jurisdiction and Choice of Law IV. Conclusion 16. Succession and Administration of Estates I. Introduction II. Choice of Law Issues III. Jurisdiction Relating to Foreign Property IV. Constitutional Law and Human Rights V. Conclusion PART VI: FOREIGN JUDGMENTS AND ARBITRATION AWARDS 17. The Common Law Regime for Enforcing Foreign Judgments I. Introduction II. What is a Foreign Judgment? III. Nature and Theoretical basis of Enforcing Foreign Judgments IV. Jurisdiction to Enforce Foreign Judgments V. Conditions for Enforcing a Foreign Judgment VI. Conclusiveness and Res Judicata Effect of Foreign Judgments VII. Defences against the Recognition and Enforcement of Foreign Judgments Viii. Judgments in Foreign Currency IX. Limitation of Actions X. Conclusion 18. The Statutory Regimes for Enforcing Foreign Judgments I. Introduction II. Ascertaining the Applicable Statutory Regime III. Shortcomings of the Statutory Regime and Suggested Reforms IV. Registering Foreign Judgments under the 1922 Ordinance V. Enforcement of Foreign Judgments under the 1960 Act VI. Conclusion 19. Recognition and Enforcement of Foreign Arbitration Awards I. Introduction II. Common Law Regime III. Statutory Regime IV. Arbitration Awards in Foreign Currency V. Limitation of Actions and Arbitration Awards VI. Conclusion PART VII: INTERNATIONAL CIVIL PROCEDURE 20. Remedies Affecting Foreign Judicial and Arbitral Proceedings I. Introduction II. Anti-Suit Injunction III. Anti-Arbitration Injunction IV. Mareva or Freezing Injunction V. Security for Costs in Support of Foreign Proceedings VI. Conclusion 21. Service of Legal Process and Taking Evidence I. Introduction II. Service of Legal Process Out of Nigeria III. Service of Foreign Legal Process in Nigeria IV. Obtaining Evidence Abroad V. Obtaining Evidence in Nigeria VI. Conclusion Selected Bibliography Index