Nigeria: Escalation Clauses Before Arbitration

A surprising number of disputes that end up in arbitration are not, at their root, legal disputes at all. They are communication failures, project-management failures, governance failures, or breakdown in trust between people who once worked well together. The legal characterisation such as breach of contract, variation claim, or indemnity dispute, is often just the form the disagreement takes by the time lawyers are involved, not a description of what went wrong.

Yet, in a […]

By | June 27th, 2026 ||

Arbitration Agreement’s Illegible Print Not Automatically Invalid As Unfair

The California Supreme Court held in Fuentes v. Empire Nissan, Inc. (Feb. 2, 2026) that small or blurry print in an arbitration agreement does not automatically invalidate the agreement as unconscionable.

Instead, the Court clarified that “illegibility” may create procedural unconscionability – i.e., unfairness in the way the agreement was presented to an employee – but a court must still also find substantive unconscionability – i.e., one-sided, unfair terms – to invalidate the agreement on the […]

By | February 18th, 2026 ||

Can Indian Courts Nullify Arbitration During Insolvency?

In a significant judgment, the Supreme Court of India in Ankhim Holdings Pvt. Ltd. & Anr. v. Zaveri Construction Pvt. Ltd.1 clarified an important procedural question that sits at the intersection of arbitration law and insolvency proceedings: Can a court, while appointing a substitute arbitrator, invalidate arbitral proceedings conducted during an IBC moratorium?

The Supreme Court’s answer was unequivocal: No.

The ruling strengthens India’s pro-arbitration framework, reinforces the principle of minimal judicial interference, and provides crucial certainty for businesses and […]

By | February 16th, 2026 ||