Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
Enforcement of foreign investment arbitral awards in Nigeria : a case study of the oil and gas sector
The presence of foreign investment in a developing nation brings about economic growth and development. It increases productivity, creates more jobs, promotes the use of local goods, motivates policies and economic reforms, transfers technological know-how and skills, increases revenue for the gover...
Saved in:
| Other Authors: | |
|---|---|
| Format: | Thesis |
| Language: | English |
| Published: |
University of Pretoria
2017
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613553759879168 |
|---|---|
| access_status_str | Open Access |
| author2 | OluSoyeju, Olufemi Olugbemiga |
| author_browse | OluSoyeju, Olufemi Olugbemiga |
| author_facet | OluSoyeju, Olufemi Olugbemiga |
| collection | Thesis |
| dc_rights_str_mv | © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | The presence of foreign investment in a developing nation brings about economic growth and development. It increases productivity, creates more jobs, promotes the use of local goods, motivates policies and economic reforms, transfers technological know-how and skills, increases revenue for the government, among others. Nigeria has attracted quite a huge stock of foreign direct investment over the years, majorly in the oil and gas sector. Nigeria's economy is greatly dependent on the revenues generated in the oil and gas sector and the economy thrives on this sector. Disputes arise between foreign investors and government entities ? the Federal Inland Revenue Services, Nigerian National Petroleum Corporation, and also with other foreign investors in the sector. These disputes are settled mostly out of court because core legislations in this sector provide that arbitration shall be the settlement mechanism. Hence, disputes are expected to be settled in quick successions, free of unnecessary domestic court intervention, and hurdle-free in the enforcement of arbitral awards. However, the reverse is the case in practice.
The core aim of this research is to identify these challenges by reviewing recent arbitration cases in the oil and gas sector and to examine the legislative and procedural loop holes giving rise to such challenges. To arrive at effective recommendations, the arbitration system of Mauritius was analysed and compared to what is obtainable in Nigeria. From the comparison, this study proffers recommendations that would practically enhance the enforcement proceedings of foreign investment arbitral awards in Nigeria's oil and gas sector and subsequently in other sectors. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/58750 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:58.997Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2017 |
| publishDateRange | 2017 |
| publishDateSort | 2017 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/58750 Enforcement of foreign investment arbitral awards in Nigeria : a case study of the oil and gas sector OluSoyeju, Olufemi Olugbemiga folatinuolawa@gmail.com Fagboyegun, Olatinuolawa Adunifeoluwa UCTD economic growth Foreign investment Law theses SDG-16 SDG-16: Peace, justice and strong institutions The presence of foreign investment in a developing nation brings about economic growth and development. It increases productivity, creates more jobs, promotes the use of local goods, motivates policies and economic reforms, transfers technological know-how and skills, increases revenue for the government, among others. Nigeria has attracted quite a huge stock of foreign direct investment over the years, majorly in the oil and gas sector. Nigeria's economy is greatly dependent on the revenues generated in the oil and gas sector and the economy thrives on this sector. Disputes arise between foreign investors and government entities ? the Federal Inland Revenue Services, Nigerian National Petroleum Corporation, and also with other foreign investors in the sector. These disputes are settled mostly out of court because core legislations in this sector provide that arbitration shall be the settlement mechanism. Hence, disputes are expected to be settled in quick successions, free of unnecessary domestic court intervention, and hurdle-free in the enforcement of arbitral awards. However, the reverse is the case in practice. The core aim of this research is to identify these challenges by reviewing recent arbitration cases in the oil and gas sector and to examine the legislative and procedural loop holes giving rise to such challenges. To arrive at effective recommendations, the arbitration system of Mauritius was analysed and compared to what is obtainable in Nigeria. From the comparison, this study proffers recommendations that would practically enhance the enforcement proceedings of foreign investment arbitral awards in Nigeria's oil and gas sector and subsequently in other sectors. tm2017 Centre for Human Rights LLM Unrestricted 2017-01-31T12:47:59Z 2017-01-31T12:47:59Z 2016 Mini Dissertation Fagboyegun, OA 2016, Enforcement of foreign investment arbitral awards in Nigeria : a case study of the oil and gas sector, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/58750> D2016 http://hdl.handle.net/2263/58750 en © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD economic growth Foreign investment Law theses SDG-16 SDG-16: Peace, justice and strong institutions Enforcement of foreign investment arbitral awards in Nigeria : a case study of the oil and gas sector |
| title | Enforcement of foreign investment arbitral awards in Nigeria : a case study of the oil and gas sector |
| title_full | Enforcement of foreign investment arbitral awards in Nigeria : a case study of the oil and gas sector |
| title_fullStr | Enforcement of foreign investment arbitral awards in Nigeria : a case study of the oil and gas sector |
| title_full_unstemmed | Enforcement of foreign investment arbitral awards in Nigeria : a case study of the oil and gas sector |
| title_short | Enforcement of foreign investment arbitral awards in Nigeria : a case study of the oil and gas sector |
| title_sort | enforcement of foreign investment arbitral awards in nigeria a case study of the oil and gas sector |
| topic | UCTD economic growth Foreign investment Law theses SDG-16 SDG-16: Peace, justice and strong institutions |
| url | http://hdl.handle.net/2263/58750 |