Can a Non-Signatory to An Arbitration Agreement Be a Party To Arbitration: Analysis Of the Supreme Court’s Decision in Emerging Markets Telecommunication Services V Afdin Ventures & Ors
The Supreme Court’s decision in Emerging Markets Telecommunications Services Ltd v Afdin Ventures Ltd & Ors marks a significant shift in Nigerian arbitration jurisprudence by recognising that, in appropriate circumstances, non-signatories may be bound by or benefit from arbitration agreements. This article examines the Court’s adoption of a flexible approach to privity of contract, the doctrines supporting the inclusion of non-signatories in arbitration proceedings, and the implications of the decision for party autonomy, commercial certainty, and the future development of arbitration law in Nigeria.
